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Allen 

X  Observations  on  Penitentiary 
Discipline,  Addressed  to  V/illiam 
Soscoe 


THE  LIBRARY 

OF 

THE  UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


ON 


Penitentiary   Discipline^ 


ADDRESSED 


TO  WX&XZAM  ROSCOE,  Esq. 


OF 


LIVERPOOL,  ENGLAND. 


NEW-YORK: 
mZNTSD  Sir  JOBSr  C.  TOTTSlSr. 

1827, 


fV7/ 


®ssamTiii^2®irS(fc  m^^ 


To    William    RoSCOe,    Esq,    ^car  Liverpool,  England. 

Sir, — I  have  received  your  Pamphlet  entitled,  "  A 
Brief  Statement  of  the  causes  which  have  led  to  the 
abamlonment  of  the  celebrated  system  of  Penitentiary 
Discipline,  in  some  of  the  United  States  of  America," 
and  in  acknowledging  its  receipt,  I  at  the  same  time, 
tender  you  my  thanks  for  the  honour  you  have  done  me, 
by  addressing  your  thoughts  and  views  on  this  impor- 
tant subject,  to  me. 

In  attempting  some  brief  remarks  on  the  observations 
you  have  addressed  to  me,  I  shall  endeavour  to  avoid 
every  thing  that  may  in  any  way  offend ;  and  1  am 
truly  sorry,  if  any  of  my  observations  on  your  former 
remarks,  have  tended  to  injure  your  feelings,  or  disturb 
for  a  moment,  your  serenity  of  mind ;  for  I  can  assure 
you,  with  the  greatest  sincerity,  that  such  was  not  my 
wish  or  intention ;  and  the  only  object  I  had  in  view, 
was  to  show,  that  the  inferences  you  had  drawn  from 
certain  parts  of  our  report,  was  not  the  true  ones  in- 
tended  to  be  conveyed  by  us. 

I  beg  to  be  understood  therefore,  in  whatever  I  may 
say  on  this  subject,  as  by  no  means  doubting  your  mo- 
tives, for  I  believe  them  to  be  both  pure  and  disinter- 
ested, and  I  think  it  will  be  admitted  by  those  who 
know  me,  that  I  can  have  no  other  motive  in  this,  or 
any  other  public  matter,  but  to  arrive  at  the  truth, 
whatever  it  may  be,  in  order  that  the  general  good  may 
be  promoted,  and  not  that  private  opinion  or  selfish 
views  may  be  gratified. 


You  appear  to  fear,  that  "  it  is  now  probably,  too  late 
to  reply  to  my  observations  with  any  hope  of  altering 
our  decision."  This  apprehension  of  yours  is  entirely 
groundless;  for  we  have  no  authority  whatever,  to 
decide  in  any  of  the  cases  to  which  you  have  alluded. 
My  colleagues,  with  myself,  were  appointed  for  a  spe- 
cial purpose,  viz:  to  visit  the  State  Prisons  of  the  State 
of  New-York,  and  to  examine  into  all  matters  relating 
to  the  economy,  government,  and  discipline  of  the  pri- 
sons, &c.  &c.  This  duty  has  been  performed,  and  our 
report  presented  to  the  Legislature,  and  the  only  mea- 
sure adopted  by  that  body,  in  pursuance  of  that  report, 
was  to  authorise  the  erection  of  a  new  prison  at  Mount- 
Pleasant,  in  the  County  of  West-Chester,  for  the  pur- 
pose of  replacing  the  old  one,  now  situated  in  the  City 
of  New- York,  and  which  has  lately  been  sold  to  the 
Corporation  of  said  City.  Your  observations  therefore, 
although  they  have  not  convinced  me,  that  your  system 
is  the  true  one,  may,  nevertheless,  prove  as  effectual  as 
you  may  wish,  for  aught  I  know,  in  convincing  the  peo- 
ple of  this  State,  and  their  representatives  in  the  Legis- 
lature, that  it  is  the  legitimate  system  which  ought  to 
be  followed. 

Before  I  proceed  further,  however,  I  must  be  permit- 
ted to  notice  what  I  presume  I  am  to  consider  the  best 
apology  you  are  able  to  offer  for  "  interfering  on  this 
subject,"  and  for  making  your  attack  upon  the  Report 
of  the  Commissioners:  namely,  that  Mr.  Hopkins  having 
sent  you  a  copy,  you  thought  yourself  called  upon  to 
express  your  opinion  on  its  merits.  Admitting  the  fact, 
that  Mr.  Hopkins  sent  you  the  report,  of  which  I  had 
no  knowledge  until  you  communicated  it,  would  it  not 
have  been  more  decorous  to  have  addressed  your  re- 
marks to  Mr.  Hopkins  individually,  before  you  pub- 
lished them  ?     The  opinion  of  the  Commissioners  had 


5 

nothing  to  do  with  the  plans  of  discipline  which  may  be 
adopted  in  England,  neither  could  these  opinions  have 
any  influence  out  of  the  sphere  in  which  they  were  in- 
tended to  operate;    for  the  report  was  only  partially 
circulated  in  this  country,  there  being  no  more  of  them 
printed  than  what  is  usual  in  Legislative  documents  in- 
tended for  the  information  of  its  members,  and  there- 
fore, but  a  very  few  copies  could   have  reached  Eng- 
land.    You  may  possibly  object  to  this  reasoning,  and 
reply,  that  the  document  being  a  public  one,  its  errors 
required  to  be  publicly  exposed ;  now,  if  we  admit  this, 
which  I  am  unprepared  to  do,  I  still  think.  Sir,  I  have  a 
right  to  complain,  when  you  undertake  to  impugn  the 
motives  of  the  Commissioners,  and  charge  them  with 
propagating  sentiments  and  opinions  at  war  with  every 
feeling  of  humanity,  and  moral  rectitude ;  or  in  your 
own  words — that  the  plan  we  recommend  ''Hsadevia-' 
tion  from  the  acknowledged  principles  of  right  and  jus- 
tice; a  dereliction  of  the  practical  precepts  of  Christianity^ 
and  a  violation  of  the  best  feelings  of  the  human  heart?^ 
And  again.     "A;  may  however^  he  doubted^  whether  the 
propositions  now  brought  forward  he  not  equals  if  not 
more  repugnant  to  the  dictates  of  justice^  than  the  inflic- 
tion of  capital  punishment."     In  my  former  Letter  to 
you,  I  have  shown,  as   I    think,  to  the  satisfaction  of 
every  unprejudiced  man,  that  the  plan  of  discipline  re- 
commended by  the  Commissioners,  is  not  what   you 
have  stated  it  to  be;  but  one  that  is  now  in  full  opera- 
tion, and  which  has  been  the  means  of  effecting  a  more 
extensive  reformation  among  the  convicts,  than  the  re- 
formatory system  has,  or  ever  will  effect,  as  I  shall 
show  hereafter. 

You  remark,  with  some  degree  of  feeling,  upon  my 
observation,  "It  is  pretty  evident,  from  the  whole 
course  of  your  reasoning  on  this  subject,  that  the  view 


6 

you  have  taken  of  it  is  merely  theoretical,  and  that  you 
are  entirely  destitute  of  practical  knowledge,  and  have 
not  given  the  subject  personal  attention,  but  have  only 
made  it  a  matter  of  thought."  You  have  not  attempted 
to  deny  the  fact,  however,  but  reply,  "that  whatever 
is  not  just  in  theory,  is  vicious  in  practice."  However 
true  this  may  be,  I  think  you  must  admit,  that  opinions 
are  frequently  formed,  and  plans  digested  in  the  mind, 
which  experience  have  shewn  to  be  impracticable ;  and 
the  reformation  of  the  inmates  of  our  State  Prisons, 
through  the  means  you  propose,  is,  in  my  humble  opin- 
ion, one  of  this  description.  You  need  not  be  told,  Sir, 
that  nothing  is  more  common,  than  for  men  to  differ  in 
their  views  on  the  same  subject,  and  that  the  only  test 
of  correctness  is  the  practical  result  of  a  measure.  That 
the  system  of  discipline  I  have  contended  for,  has  re- 
sulted beneficially,  will  hereafter  be  shown,  by  such 
proof,  as  in  my  opinion,  will  not  be  doubted;  not- 
withstanding the  discredit  you  have  attempted  to  throw 
upon  the  evidence  adduced  by  the  respectable  Society 
formed  in  the  City  of  Boston,  because  that  part  of  their 
report,  which  relates  to  the  Auburn  Prison,  does  not 
square  with  your  preconceived  views  on  the  subject. 

You  have  answered  my  question  as  to  the  rights  of  a 
convicted  felon,  with  perfect  correctness  ;  the  sentence 
to  the  State  Prison,  does  not  authorise  the  taking  of 
his  life,  by  either  of  the  means  you  have  mentioned,  or 
by  any  other  means  ;  but  it  does,  nevertheless,  deprive 
him  of  the  rights  of  a  free  man,  and  only  leaves  him, 
as  you  justly  observe,  such  rights  as  he  is  not  deprived 
of  by  a  legal  sentence,  and  its  legal  consequences.  This 
is  all  1  have  ever  contended  for,  as  you  will  see  by  a 
reference  to  my  Letter,  page  1,  where  I  say,  "we  con- 
tend for  nothing  more  than  a  compliance  with  the  sen- 
tence of  the  Law,  both  on  the  part  of  the  convicts,  as 


well  as  their  keepers."     And  again,  at  page  8, — "  The 
truth  is,  that  our  whole  object  was,  to  enforce  by  rea- 
son and  example,  the  necessity  of  fulfilling  the  sentence 
of  the  Law  upon  the  wrong  doer,  and  nothing  more  or 
less."     The  sentence  of  the  Law  is  imprisonment  in 
the  State  Prison  at  hard  labour,  or  in  solitude,  or  both, 
at  the  discretion  of  the  Court.     Nothing  is  required  of 
the  convict  inconsistent  with  his  sentence,  and  although 
the  question  was  proposed  by  me  ;  what  are  the  natural 
or  political  rights  of  a  convicted  criminal  ?  and  which 
has  afford*^d  you  an  opportunity  to  display  your  legal 
knowledge,  and  again  to  insinuate  charges  of  cruelty 
aad  oppression  against  us,  I  can  assure  you,  sir,  that  I 
had  no  idea  of  depriving  these  lamentable  beings  of  any 
of  the  rights  left  them  after  conviction  ;  but  I  did  in- 
tend it  to  be  understood,  as  my  opinion,  that  they  had 
forfeited,  by  a  criminal  act,  the  more  essential  rights  of 
a  citizen,  and  had  not  the  same  claim  upon  ourcommis- 
seration,  that  the  honest  and  unfortunate  part  of  our 
species  have. 

The  duty  of  a  convict,  under  the  sentence  of  impris- 
onment and  hard  labour,  is  briefly,  to  be  silent,  obey 
orders,  and  labour  diligently.  Without  a  compliance 
with  these  indispensable  requisites,  the  sentence  of  the 
court  can  never  be  carried  into  effect.  How  can  a  man 
labour  hard,  and  at  the  same  time  be  taught  lessons  of 
morality  and  religion  ?  It  ought  not  to  be  expected, 
because  it  is  unreasonable. 

You  quote  a  passage  from  "  Buxton's  Enquiry"  and 
apply  it  to  us,  under  the  erroneous  impression  you  have 
imbibed,  that  the  system  we  propose,  is  calculated  to 
send  men  out  of  the  prison  worse  than  when  they  ( ame 
in.  How  sir,  shall  a  man  who  is  taught  lessons  of  in- 
dustry, by  diligent  applictation  to  the  business  before 
him ;  of  sobriety,  by  the  use  of  no  other  drink  than  the 


8 

pure  element ;  of  decorum  by  saying  no  more  than  what 
is  absolutely  necessary ;  of  order  and  regularity,  by  the 
precision  of  all  his  movements ;  of  cleanliness,  by  the 
frequent  washing  and  bathings  enjoined ;  of  politeness 
and  respect,  by  the  restrictions  on  his  behaviour  to  his 
superiors ;  of  education,  by  his  attention  at  school  on 
the  Sunday ;  and  of  morality  and  religion,  by  the  advice, 
exhortation,  and  information  of  the  Chaplain ;  I  say, 
shall  he  be  taught  all  this,  and  sti'l  go  away  unimproved  ? 

You  are  unwilling  to  admit  that  I  had  no  time  to  read 
your  tract  on  penal  jurisprudence,  the  perusal  of  which, 
as  you  say,  could  not  have  occupied  more  than  a  few 
hours.  It  would  be  no  satisfaction  to  you  1  presume, 
were  I  to  proceed  to  show  that  what  I  have  stated 
was  3  fact,  and  that  I  could  scarc«  ly  find  leisure  to  read 
and  answei  ^ou:  *''^   on  our  report,  consisting  of 

fourteen  pages,  mu'h  more  of  your  larger  work  of  more 
than  two  hundred ;  besides  which,  1  had  no  reason  to 
conclude  that  this  volume  of  yours  had  any  thing  to  do 
with  the  subject  matter  of  our  report,  as  it  must  have 
been  written  and  in  the  hands  of  your  printer,  before 
the  report  could  have  reached  England.  Finding 
nothing  in  yolir  remarks,  therefore,  which  indicated 
the  plan  you  would  propose,  in  the  room  of  the  one 
proposed  by  us,  and  which  you  have  condemned,  I  did 
say,  and  I  think  I  had  a  right  to  say,  "  We  are  not 
furnished  with  the  plan  you  would  recommend,  except 
what  may  be  inferred  from  your  remarks  on  that  pro- 
posed by  the  Commissioners  "  There  was  certainly 
no  injustice  done  you  by  this,  for  it  was  no  more  than 
reasonable,  while  you  were  condemning  the  project  of 
another,  that  you  should  state  your  substitute. 

When  I  said  you  have  stated  truly,  "  that  the  object 
of  the  report  is  the  recommendation  of  a  strict  system 
of  imprisonment,  united  with  productive  labour;"  and 


9 

your  acknowledgement,  "  that  this  system  would  tend  tu 
the  diminution  of  crimes  more  effectually  than  any  thai 
has  as  yet  been  proposed,"  (which  words  were  quoted 
from  your  remarks.)  I  did  not  charge  you  "  with  singular 
inconsist("ncv"  as  you  have  me,  which  I  might  have  done 
however,  with  perfect  propriety,  inasmuch  as  the  whole 
tenor  of  your  after  remarks,  goes  to  condemn  all  that  wc 
had  recommended,  and  consequently  what  you  had  previ- 
ously admitted:  and  when  I  drew  the  conclusion  from  the 
general  course  of  your  remarks,  "  that  you  discarded 
all  that  part  of  our  plan  which  goes  upon  the  principle 
of  close  confinement  and  steady  employment,  and  all 
that  part  which  authorises  punishments  for  disobedience 
and  disorderly  conduct,  either  by  whipping  or  solitude  y' 
it  was  upon  the  principle  that  you  had  so  generally  dis- 
approved of  what  we  had  recommended  ;  the  essence 
of  which  was,  close  confinement  and  productive  labour; 
and  as  to  the  reference  you  have  given  me  to  your  tract 
on  criminal  jurisprudence,  I  had  no  reason  to  suppose, 
when  writing  to  you,  as  I  have  before  observed,  that  anj- 
thing  connected  with  the  subject  in  hand  was  to  be 
found  there ;  neither  am  I  now  able  to  observe,  from 
what  you  have  said,  what  is  the  particular  punishment 
you  would  recommend  for  disobedience  of  orders,  or 
malpractice  in  prison,  by  the  convicts.  It  will  be  time 
enough  for  you  to  call  upon  me  to  produce  from  youl- 
remarks,  an  objection  to  solitary  confinement  by  night, 
when  I  have  charged  the  fact  upon  you  ;  as  yet  I  have 
not  charged  you  with  it,  any  lurther  than  w hat  may  be 
implied  in  what  I  have  already  stated,  that  your  disappro- 
val of  what  we  recommended  appeared  to  be  general. 

I  can  now  state  for  your  satisfaction,  that  I  have  care- 
fully perused  your  book  on  criminal  jurisprudence,  and 
now  have  it  before  me.  I  find  much  to  commend,  both 
in  the  manner  and  the  matter  of  your  writins^s.  an^ 


/ 


% 


10 

liave  not  the  least  hesitation,  in  awarding  you  all  the 
credit  you  may  desire,  for  the  benevolent  feeling  you 
have  exhibited,  and  the  labour  you  have  bestowed,  for 
the  purpose  of  enlightening  your  fellow  men,  and  for 
your  well  meant  endeavours  to  ameliorate  the  condition 
of  the  unfortunate  criminals  who  now  crowd  your  pri- 
sons. That  1  should  differ  with  a  gentleman  of  your 
known  philanthrophy,  is  to  me  a  source  of  regret,  and 
nothing  but  the  imperative  duty  imposed  upon  every 
man,  who  is  sensible  that  his  feelings  and  motives  have 
been  misrepresented,  would  have  induced  me  to  have 
taken  up  the  gauntlet  which  you  have  thought  proper  to 
offer  me. 

Having  thus  admitted  the  correctness  of  your  inten- 
tions, and  the  purity  of  your  motives,  I  must  neverthe- 
less inform  you,  that,  in  my  opinion,  the  plan  you  pro- 
pose, as  a  system  of  prison  discipline,  will  only  result  in 
disappointment  to  its  patrons,  and  expense  and  dissatis- 
faction to  the  public. 

If  I  rightly  understand  your  plan  it  is  as  follows: — 

That  every  criminal  on  being  convicted  shall  be  im- 
prisoned and  put  under  penitentiary  discipline. 

All  commitments  to  be  for  life  or  some  indefinite 
period. 

No  person  received,  to  be  discharged  until  he  is  able 
to  execute  some  art,  trade  or  profession,  by  which  he 
•  an  provide  for  his  own  su|)port. 

The  prison  to  be  under  the  government  of  a  Board 
of  Directors,  who  are  to  have  suitable  salaries  paid  them. 

Their  duty  to  be  as  follows: — To  superintend  the 
conduct  of  the  convicts.  To  provide  them  with  con- 
stant work.  To  dispose  of  the  produce  of  their  labour. 
To  maintain  a  regular  and  inflexible  discipline  among 
them.  To  attend  to  their  religious  and  moral  instruction. 
To  treat  them  u  ith  attention  and  kindness,  in  order  to 


11 

induce  them  to  adopt  a  better  course  of  lite.  To  main- 
tain  an  intercourse  with  them  individually,  and  by  advice, 
remonstrance  and  information,  to  induce  them  to  im- 
prove. 

The  Directors  having  reason  to  believe  that  the  cul- 
prit is  reformed,  they  are  to  recommend  him  to  the  court 
for  a  pardon,  who  are  to  examine  him,  and  according  to 
their  view  of  the  subject,  are  either  to  recommend  him 
to  the  executive  for  a  pardon,  or  to  send  him  back  to 
the  prison 

This  is  the  plan  by  which  you  propose  to  reform 
the  community  of  hardened  offenders,  who  make  a  bu- 
siness of  criminal  acts,  and  by  their  repeated  outrage 
on  community,  bid  dt  fiance  to  all  laws,  both  human 
and  divine.  I  can  assure  you,  sir,  that  whatever  you 
may  think  to  the  contrary,  no  man  would  feel  more 
gratified  th.in  myself,  at  the  adoption  of  your  plan,  it 
the  effects  were  to  be  what  you  anticipate  ;  and  should 
it  ever  be  put  in  operation,  either  in  my  country,  or 
in  your  own,  you  will  not  feel  greater  pleasure  at  its 
success,  than  I  shall ;  but,  believing  as  I  do,  that  the 
plan  will  not  prf)du(e  the  results  you  hope  for,  and 
having  had  some  opportunity  to  examine  and  observe 
the  general  character  of  convicts,  I  am  irresistibly  led 
to  the  conclusion,  that  if  any  thing  will  induce  them  to 
desist  from  crime,  it  is  the  system  of  strict  discipline, 
constant  labour,  total  exclusion  at  night,  and  a  lion- 
intercourse,  by  prohibiting  all  conversation  during  the 
day.  They  must  know  what  their  duty  is  while  in 
prison,  and  that  they  will  be  punished  for  a  neglect  or 
omission  of  it,  or  there  is  no  safety  to  those  entrusted 
with  their  safe-keeping,  nor  chance  of  reformation  with 
themselves.  But,  I  must  proceed  to  state  the  objec- 
tions which  arise  in  my  mind  to  the  plan  you  propose, 
and  I  wish  you  to  understand,  that  I  object  to  your 


12 

|jlaii  as  one  unsuited  for  this  country,  and  not  that  it 
may  not  answer  for  your  own,  and  had  you  confined 
your  opposition  to  the  plan  proposed  by  the  Commis- 
sioners, as  one  that  was  improper  for  the  government 
of  the  English  prisons,  you  would  never  have  heard 
from  me  on  the  subject ;  but,  as  you  have  thought  pro-^ 
per  to  take  our  institutions  under  your  care,  and  have 
brought  charges  against  us,  which  I  deem  unwarranta^ 
bJe,  because  we  have  thought  for  ourselves,  and  have 
recommended  a  system  somewhat  different  from  yours, 
you  cannot  in  reason  object  to  my  showing  that  your 
recommendation  is  visionary,  and  unfit  for  the  purpo- 
ses intended. 

First  then,  I  object  to  the  sentence  for  life,  or  an 
indefinite  term.  You  have  anticipated  an  objection, 
but  only  attempt  to  invalidate  it,  by  denying  the  right 
to  object  to  those  holding  certain  opposing  opinions  to 
your  own.  I  will  not  charge  you  with  "  singular  in- 
consistency" in  this,  sir  ;  but,  when  you  object  with 
^uch  severity,  to  the  following  recommendation  of  ours, 
namely:  that  ihe  internal  government  of  the  prison  in 
ronformity  with  the  rules  that  may  he  adopted  by  the 
Inspectors  and  Commissioners,  be  placed  in  the  hands 
of  a  responsible  officer  as  agent  and  keeper,  and  then 
recommend  yourself,  that  the  destiny  of  the  prisoner, 
during  his  existence,  shall  depend  upon  the  will  of 
three  Directors,  who  may  keep  him  until  he  shall  be 
gray-headed,  or  during  life,  depending  entirely  upon 
their  view,  whether  he  be  a  regenerated  man  or  not, 
1  will  leave  you  to  decide,  on  which  side  the  consis- 
tency lays.  Upon  your  principle  too,  the  man  who 
commits  the  slightest  offence  is  to  be  incarcerated 
during  the  pleasure  of  your  Directors,  or  until  he  shall 
learn  some  art,  trade  or  profession,  and  akhough  he 
niav  conduct  himsrlf  with  perfect  propriety,  and  thf* 


greatest  length  of  his  imprisonment,  under  the  present 
law,  would  be  a  few  months  perhaps,  he  must  stay  in 
your  penitentiary  for  years,  or  until  he  shall  learn  some 
one  of  the  trades  that  may  be  carried  on  there.  This 
is,  as  you  say,  "  not  to  measure  out  a  just  degree  of 
punishment  due  to  a  certain  degree  of  guilt ;"  but,  in 
my  opinion,  it  is  measuring  to  the  offender  a  most  un- 
just proportion  of  punishment,  compared  to  the  crime  ! 
You  propose  also,  that  the  Directors  shall  each  of  them 
receive  suitable  salaries  for  their  services. 

In  taking  for  granted,  as  you  appear  to  do,  that  the 
Inspectors  of  our  prisons  receive  stated  salaries,  you 
have  been  led  into  an  error  by  the  report  you  quote 
from  the  State  Prison  of  Massachusetts.     This  is  not 
the  fact  as  it  respects  the  prisons  of  this  state ;  the  In- 
spectors receive  no  salaries,  or  compensation  for  their 
services.     The  mere  gratification  therefore,  of  holding 
an  office  without  emolument,  appears  to  be  a  sufficient 
inducement  for  people  to  seek  after  it,  and  covet  it,  as 
might  be  evinced  by  a  recital  of  the  frequent  changes 
which  have  occurred  in  the  Directors  and  other  officers 
of  our  State  Prisons.     If  a  particular  party  prevails, 
not  only  the  offices  of  profit,  but  those  to  which  the 
least  degree  of  honor  is  attached,  such  as  the  Inspec- 
tors of  our  prisons,  and  consequently  the  officers  who 
are  appointed  by  them,  must  be  filled  by  those  espous- 
ing that  particular  side  of  the  question.     This  is  a  seri- 
ous evil,  and  has  been  attended  with  unfavourable  con- 
sequences in  the  government  of  these  institutions,   and 
were  our  Inspectors  salary  officers,  instead  of  what 
they  are,   the  evil  would  be  experienced  in  a  much 
higher  degree  than  what  it  now  is.     I  am  of  opinion 
therefore,  that  the  Inspectors  ought  not  to  bt;  salary 
officers,  but  men  who  will  undertake  the  trust  for  the 
honour  of  having  it  in  their  power  to  do  good,  and 


14 

Avhen  properly  selected,  the  tenure  of  their  appoint- 
ment ought  to  be  permanent  ;  for  time  and  experience 
are  necessary  to  enable  men  to  gain  the  requisite  know- 
ledge to  act  with  understanding  and  effect  in  the  man- 
agement of  a  community  of  persons  such  as  usually  fill 
our  prisons.  4t  was  with  a  view  of  correcting  the  in- 
jurious effects  of  these  frequent  changes,  that  induced 
the  Commissioners  to  recommend,  that  both  of  our 
prisons  should  be  placed  under  the  supervisonary  con- 
troul  of  Commissioners,  appointed  for  the  purpose,  and 
that  they  should  receive  their  appointment  direct  from 
the  Legislature,  and  hold  their  offices  during  the  plea- 
sure of  that  body. 

The  duties  \  ou  intend  imposing  upon  the  Directors, 
are  both  arduous  and  complicated  ;  and  the  only  way  in 
which  it  can  be  performed,  is  to  give  to  each  a  specific 
duty  to  attend  to.  Thus  the  person  who  superintends  the 
conduct  of  the  convicts,  could  not  perform  the  duty  of 
providing  them  with  constant  work,  neither  could  the  lat- 
ter, provide  the  work,  and  dispose  of  the  produce  of  their 
labour ;  and  neither  of  them  could,  in  additton,  attend  to 
their  religious  and  moral  instruction.  1  infer  from  that 
part  of  your  proposition  respecting  the  labour  of  the  con- 
victs, and  the  sale  of  its  produce,  that  your  plan  is,  that  the 
institution  shall  furnish  the  material  to  be  worked  up,  and 
that  the  articles  manufactured  shall  be  sold  tor  its  benefit; 
from  the  profits  of  which,  the  establishment  is  to  be  main- 
tained. If  this  is  your  view,  the  result  will  be  a  total  failure. 
The  plan  has  been  effectually  tried  at  the  State  Prison 
located  in  this  city,  and  was  the  consequence  of  ruinous 
losses,  and  of  an  increasing  annual  expense  to  the  state. 
This  arose  from  the  necessity  there  was,  in  order  to 
keep  the  men  employed,  to  manufacture  articles  faster 
than  the  wants  of  the  community  called  for  them ;  and 
for  the  purpose  of  replenishing  the  funds^  and  sustaining 


15 

the  institution,  large  quantities  of  these  manufactured 
articles  were  exposed  at  public  sale,  and  in  most  instan- 
ces, thej  scarcely  brought  the  cost  of  the  material  of 
which  they  were  composed.  At  the  period  1  am  speak- 
ing of,  the  provisions  for  the  convicts  were  purchased 
by  the  agent  of  the  prison,  and  the  allowance  dealt  out 
to  them  according  with  a  dietry  established  for  the  pur- 
pose. This  too  was  found,  hy  a  comparison  with  the 
contract  price  of  the  ration  furnished  the  I'nited  States 
Troops,  to  be  an  expensive  method  of  feeding  the 
convicts ;  and  in  1817,  the  subject  was  brought  before 
tbe  Legislature,  and  a  law  was  passed,  directing  that  all 
the  prisoners  confined  in  the  State  Prison  in  the  city  of 
New-York,  shall  be  supplied  with  provisions  and  hos- 
pital stores  by  contract,  annually  entered  into  with  such 
person  who  may  be  willing  to  do  it  on  the  lowest  terms, 
at  a  fixed  price  per  diem  for  each  person  imprisoned ; 
and  further,  that  the  agent  shall  sell  all  the  manufactured 
articles  now  made  and  unsold,  and  shall  not  purchase 
any  materials  whatever  to  be  wrought  or  worked  up 
for  sale,  by  the  convicts,  on  account  of  the  state  ;  but 
the  said  convicts  shall  hereafter  be  solely  employed  in 
manufacturing  and  making  up  such  materials  as  may  be 
brought  to  the  satd  prison,  by  or  for,  individuals  or  com- 
panies, to  whom  such  matetials  may  belong,  to  be  man- 
ufactured  at  fixed  prices,  for  the  labour  bestowed  upon 
them,  to  be  paid  by  the  owner  of  the  goods,  to  the  agent, 
for  the  use  of  the  state.  From  the  time  of  passing  this 
Law,  to  the  present,  there  has  been  a  gradual  improve- 
ment in  the  finances  of  this  prison,  and  they  now  pay 
nearly  the  whole  of  their  expenses,  from  the  proceeds  of 
the  labour  of  the  convicts. 

Another  duty  imposed  upon  your  Directors,  is,  that 
they  shall  treat  the  convict  with  attention  and  kindness, 
and  maintain  an  intercourse  with  them  individually,  and 


16 

by  advice,  remonstrance  and  information,  induce  tlietn 
to  improve. 

It  is  perhaps  entirely  useless  that  I  should  repeat  to 
you,  that  this  plan  never  has  and  never  will  succeed. 
Not  that  I  am  opposed  to  its  principles,  for  1  can  assure 
you,  that  it  would  give  me  as  great  pleasure  to  hear  of, 
or  see  its  success,  as  it  would  3  ou,  who  are  so  confident 
of  it. 

In  my  attempt  to  answer  your  remark,  "that  the 
reformitory  system  had  restored  many  useful  members 
to  society,"  I  stated,  that  so  far  as  my  information  ex- 
tended, the  number  restored  by  the  system,  as  formerly 
pursued,  was  comparatively  few,  and  as  an  evidence  of 
this,  and  in  answer  to  your  observation,  "  that  the  pardon 
of  a  criminal  should  entirely  depend  on  his  conduct  in 
prison,  and  the  manifestation  of  a  resolution  on  his  part  to 
conduct  himself  correctly  in  future,"  I  took  the  liberty 
of  referring  you  to  an  examination  of  several  convicts, 
who  had  been  imprisoned  for  the  second  and  third  time, 
in  order  to  show  that  the  treatment  they  had  received, 
was  in  no  way  conducive  to  their  reformation.*  Instead 
of  rebutting  this  by  such  evidence  as  you  might  possess, 
in  proof  of  your  assertion,  that  the  system  had  rejormed 
mami^  you,  as  usual,  make  use  of  it  to  cast  upon  me  an 
imputaiion  entirely  unmerited,  by  stating  that  I  "en- 
deavour to  pervert  those  cases  into  a  cause  of  accusation 
against  the  penitentiary  system  itself;"  this  I  positively 
deny,  sir,  and  consider  this  charge  as  emanating  from 
a  feeling  of  wounded  pride,  in  not  being  able  to  produce 
evidence  in  support  of  your  favourite  theory,  which  has 
induced  you  to  retort  in  a  manner  unbecoming,  and  to 
assert  that  for  fact,  which  you  cannot  prove.  I  am  as 
much  a  friend  to  the  penitentiary  system  as  you  can  be ; 

*  See  Note  at  tlic  end 


It 

it  is  only  the  vicious  practice,  recommended  by  the 
theorists,  that  I  am  opposed  to,  because  of  my  confident 
belief  of  its  inutility  and  injurious  consequences. 

You  have  found  it  very  convenient  to  quote  largely 
from  the  reports  of  the  prison  in  the  city  of  New- York, 
and  have  referred  me  to  the  report  of  1824,  from 
which  you  select  a  few  detached  sentences,  as  applicable 
to  your  theory ;  but  when  the  report  asserts,  that  "  that 
cannot  be  called  justice,  which  holds  an  uneven  balance, 
and  measures  punishment  without  regard  to  crime,"  the 
inspectors  have  no  sort  of  allusion  to  the  manner  of 
enforcing  the  discipline  of  the  prison,  as  connected  with 
the  punishment  of  the  convict,  and  producing  the  effects 
intended  by  that  punishment — namely  his  reformation 
and  the  prevention  of  crime,  which  in  differing  from 
you,  is  the  great  front  of  our  offending ;  but,  their  ob- 
ject was,  to  show  the  inequality  of  the  sentences  of  the 
courts,  in  many  instances,  (a  consequence  of  the  present 
construction  of  our  criminal  code,)  and  they  proceed  to 
state  their  opinion,  in  six  several  particulars  ;  "  what  arc 
the  defects  in  the  criminal  code,"  and  the  amendments 
that  ought  to  be  adopted  in  revising  the  law  of  the 
state. 

There  is  much  in  this  report  to  commend,  and  the 
only  difference  in  opinion  between  me  and  the  Inspect- 
ors of  this  prison  is,  that  they  have  not  enforced  a  system 
of  discipline-  such  as  would  entitle  them  to  the  charac- 
ter of  "  saviours  of  the  criminal ;"  and  such,  as  in  our 
opini(jn,  the  prison,  even  with  its  present  improper  con- 
struction, would  allow.  The  sentiment  expressed  by 
the  Inspectors,  that  "  no  man  ivill  act  from  an  impulse 
received  from  council  sivtn  by  an  enemy^'^  is  what  1 
admit  in  its  fullest  extent,  and  it  is  the  conviction  of  this 
truth,  which  has  impelled  me  to  differ  from  you,  and 
the  gentlemen  who  control  the  prison  in  this  city. 

S 


18 

The  Directors,  upon  the  plan  you  propose,  are  to 
maintain  a  regular  and  inflexible  discipline  in  the  prison; 
and  the  destiny  of  the  convict,  whether  for  life  or  a 
shorter  period,  is  at  their  disposal.  At  the  same  time, 
they  are  to  be  the  persons  who  are  to  advise^  inform^  and 
remonstrate  with  him,  in  order  to  his  improvement. — 
They  are,  then,  the  persons  who  are  to  correct  him  for 
a  breach  of  discipline,  and  at  whose  will  he  is  kept  in 
durance.  The  same  sentiments  appear  also  to  have 
been  entertained  by  the  Inspectors  of  the  prison  in  this 
city ;  namely,  that  by  granting  indulgences  to  the  con- 
victs, and  by  advising  and  remonstrating  with  them,  they 
might  reform  them  ;  and  for  this  purpose  they  adopted 
your  suggestion,  (some  time  before  you  made  it  howev- 
er,) such  as,  "  man  should  eat  their  bread  in  the  sweat 
of  their  face  ;"  "  He  that  will  not  work  shall  not  eat;" 
"The  way  of  the  transgressor  is  hard;"  "He  that 
walketh  uprightly  walketh  surely^  but  he  that  perverteth 
his  ways  shall  be  known,"  &c.  &c.  These  were  "  pla- 
ced up  in  large  letters"  over  every  avenue  to  the  prison. 
I  was  informed,  however,  by  one  of  the  Inspectors  of 
that  prison,  that  he  could  perceive  no  beneficial  results 
whatever,  from  this  attempt  at  reformation.  At  the 
New-York  prison,  the  Inspectors  are  to  judge  the  con- 
vict for  a  breach  of  discipline,  and  they  are  not  only  to 
judge,  but  to  stand  by  and  see  it  executed  The  keep- 
ers, although  not  permitted  to  chastise  for  insolence  or 
disobedience,  are  nevertheless  the  accusers  ;  and  it  is 
upon  their  evidence  that  the  convict  is  ordered  to  pun- 
ishment. Now  let  me  ask  you,  whether  in  either  of 
these  cases,  be  it  under  your  theory,  or  the  practice  at 
the  New-York  prison,  the  officers  of  the  institution  are 
the  proper  instruments  for  gaining  the  confidence  of  the 
convicts, yo/  advising  them,  injorming  them  and  improv- 
ing them?    Instances  are  rare,  if  any  exist,  of  persons 


19 

convicted  of  crime  expressing  a  reverence  and  lore  foi 
the  Judge  who  pronounced  upon  them  the  sentence  of 
the  law.  They  always  believe  it  to  be  severe,  if  not 
unjust,  and  view  the  whole  court  as  their  enemies.  As 
an  evidence  of  this  fact,  1  beg  leave  to  qnote  the  opinion 
of  one,  whose  knowledge  of  the  general  disposition  of 
the  convicts,  vviil  not  be  doubted  It  is  the  evidence  of 
a  convict  himself,  who  was  confined  for  several  years 
in  the  New-York  prison,  and  who  published,  in  1823, 
a  History  of  his  experience  and  information.  He  states 
that  "  The  convicts  agree  in  opinion  but  on  very  few 
subjects :  they  cordially  unite  in  hating  their  prosecutors, 
judges^  jurors^  their  own  council^  and  the  officers  of  the 
law  into  whose  custody  they  are  committed.  During  my 
unfortunate  and  lamentable  acquaintance  with  them, 
and  my  ample  opportunities  of  studying  their  characters 
and  feelings,  I  never  knew  a  single  convict,  who 
thoroughly  approved  of  his  accusation,  trial,  conviction, 
and  imprisonment,  on  the  score  of  morality.  Debased 
and  profligate  in  the  extreme,  the  most  salutary  measure 
of  virtue,  receives  from  them,  the  most  hearty  and 
pointed  execration."  Under  this  view  of  the  subject, 
can  you  believe  that,  the  convict  will  act  from  an  im- 
pulse received  from  the  council  of  your  Directors,  who 
are  to  be  the  judges  of  his  conduct ;  in  fact,  who  are 
his  goalers,  judges  and  executioners ;  will  they  not  con- 
sider the  council  as  coming  from  an  enemy,  and  not 
from  a  friend  ?  That  this  will  be  the  effect  of  the  sys- 
tem, I  have  no  doubt ;  and  in  proof  of  the  operation  of 
this  system  at  the  New-York  prison,  1  need  only 
refer  you  to  the  sketch  I  gave  you  of  the  criminal  his- 
tory of  the  twenty-one  convicts  confined  in  the  cells  at 
Auburn,  who  had  been  convicted  and  imprisoned,  two, 
three,  and  some  of  theni  four,  different  times.  Fifteen 
of  these  men  had  been  the  subjects  of  the  discipline  of 


30 

the  New- York  prison,  for  a  term  of  years,  at  each  sen- 
tence ;  and  they  had  been  removed,  together  with  a  num- 
ber of  others,  to  the  Auburn  prison,  by  order  of  the  Gov- 
ernor of  this  state,  for  the  purpose  of  trying  the  effects  of 
solitary  confinement.  The  experiment  had  completely 
failed,  however,  as  the  Commissioners  have  amply  de- 
monstrated in  their  report  to  the  Legislature  of  the  i5th 
of  January,  1825. 

The  plan  we  propose  for  the  reformation  of  this  de- 
praved part  of  our  population,  is  very  different ;  it  is 
the  plan,  as  I  have  frequently  observed,  that  is  now  in 
successful  operation  at  the  prison  at  Auburn ;  and  it  is 
also  in  operation,  so  far  as  present  circumstances  will 
permit,  at  the  new  prison  building  at  Mount- Pleasant, 
in  the  county  of  West- Chester,  state  of  New-York. — 
We  have  been  led  to  believe,  that  the  legitimate  duty  of 
those  having  the  custody  of  the  prisoners  is,  to  prevent 
escapes,  to  see  that  no  improper,  indeceut,  or  injurious 
act  is  committed  by  the  convicts  or  others,  to  provide  for 
the  prisoners  what  tiie  law  directs,  and  in  fine,  to  carry 
into  effect  the  laws  of  the  state,  and  the  rules  and  regu- 
lations of  the  institution  And  that  it  is  the  proper  duty 
of  the  Physician  and  resident  Chaplain,  to  advise,  re- 
monstrate, and  inform  the  convict.  The  first,  as  the 
healer  of  the  body,  if  he  is  a  man  of  a  placid  temper 
and  a  benevolent  mind,  and  he  ought  to  be  selected  with 
a  view  to  these  qualifications,  may  do  much  ro  enlighten 
the  convict,  and  correct  the  evil  propensities  and  cor- 
rupt views,  which  may  have  been  the  leading  cause  of 
his  criminal  acts.  While  he  is  stretched  on  a  bed  of 
sickness,  and  while  his  Physician  is  administering 
relief  to  his  pains,  the  efiects  of  admonition  must  not 
only  be  felt,  but  will  make  a  lasting  impression  on  his 
mind  which  will  not  easily  be  eradicated.  He  cannot 
help  but  view  this  as  coming  from  a  friend,  who  not 


21 

only  labours  to  restore  his  body  to  health,  but  at  the 
same  time,  attempts  to  improve  his  mind.  The  second, 
as  (he  healer  of  the  spirit  of  the  convict,  and  as  his 
spiritual  adviser,  must,  naturally,  have  great  influence 
over  him.  He  is  not  only  to  preach  to  him,  but  to 
visit  him  v^^hen  retired  to  his  dormitory,  after  the  labour 
of  the  day  is  over,  and  to  console  him  under  his  afflic- 
tion ;  to  show  him  the  evil  of  his  ways,  and  by  moral 
and  religious  precept,  endeavour  to  turn  him  from  a 
course  of  vice  to  that  of  virtue.  By  these  means,  and 
others  that  will  readily  suggest  themselves  to  a  person 
of  proper  feelings,  he  will  gain  the  entire  confidence  of 
the  convict ;  become  the  repository  of  his  secrets ;  the 
redresser  of  his  wrongs,  if  any  have  been  done  him ; 
and  his  adviser  and  guide  while  an  inmate  of  the  prison  ; 
and  when  he  leaves  it,  he  will  carry  with  him  a  mind 
much  better  informed  than  when  he  entered,  in  addi- 
tion to  the  ability  of  gaining  an  honest  living  by  the 
art  or  trade  that  has  been  taught  him  there.  It  will 
also  be  the  duty  of  the  Chaplain,  to  superintend  and 
regulate  the  Sunday  School,  and  to  impart  such  occa- 
sional instruction  ui  other  times  in  the  most  necessary 
branches  of  education,  as  time  and  circumstance  will 
admit. 

The  gentleman  who  officiates  as  Chaplain  at  the 
Auburn  prison,  was  employed  and  is  partly  paid  by  the 
Society  for  the  promotion  of  Prison  discipline  of  Bos- 
ton. During  the  last  year,  and  when  a  strong  excite- 
ment was  raised  in  the  public  feeling  relative  to  the 
concerns  and  management  of  that  prison,  that  gentle- 
man felt  himself  called  upon  to  lay  before  the  public  a 
statement  of  facts,  within  his  own  knowledge,  on  the 
subject.  I  will  endeavour  to  give  you  the  substance  of 
his  statement,  from  which  you  may  draw  such  conclu- 
sions as  you  may  deem  proper,  relative  to  the  system  in 


22 

operatioH,  and  which  you  have  endeavoured  to  make 
appear,  as  cruel  and  vindictive. 

He  states,  that  ^'  the  object  of  his  appointment  vtras, 
that  he  might  reside  in  the  prison  and  have  free  inter- 
course with  the  convicts  whenever  it  comported  with 
the  rules  and  regulations  of  the  establishment.  That 
he  has  been  permitted  to  visit  every  part  of  the  prison 
and  workshops  whenever  he  pleased,  and  was  allowed 
free  access  to  the  convicts  while  in  their  cells  and  in 
the  Hospital.  His  opportunities  therefore,  for  observa- 
tion and  for  obtaining  information  relative  to  the  con- 
cerns and  management  of  the  institution  was  unlimited, 
and  he  endeavoured  in  some  good  degree  to  improve 
them.  Ever  since  his  residence  here,  he  has  noticed 
with  increasing  pleasure  the  perfect  order  and  system 
which  pervaded  every  department,  and  the  care  and 
watchfulness  which  had  characterised  the  officers  in 
the  discharge  of  their  respective  duties,  and  the  marked 
attention  paid  to  the  health  and  comfort  of  the  convicts. 
They  were  comfortably  and  decently  clad ;  their  food 
was  well  prepared,  wholesome  and  liberally  furnished; 
they  are  well  lodged  and  their  cells  properly  warmed. 
The  labour  is  by  no  means  unreasonable  or  severe,  nor 
had  any  of  them  complained  that  more  was  exacted 
than  what  was  reasonable,  or  that  his  food  was  not 
good  and  plenty.  The  Hospital  is  well  regulated  and 
the  sick  well  provided  for.  He  can  say  with  truth, 
that  during  his  residence  there  (and  he  had  been  in  all 
parts  of  the  prison  and  at  almost  all  hours  of  the  day) 
he  had  never  seen  a  convict  struck  by  an  officer  of  the 
prison,  and  he  expresses  his  surprise,  that  such  a  num- 
ber of  men,  congre«^at(  d  undtr  such  circumstances,  and 
possessing  such  char^cteris,  should  be  governed  with  so 
much  ease  and  with  the  infliction  of  so  little  punish- 
ment.    That  power  has  in  no  instance  been  abused,  is 


23 

more  than  he  has  the  means  of  afKirmiiig  ;  but,  he  has 
never  witnessed  such  abuse.  His  intercourse  with  the 
convicts  has  been  free  and  unrestrained,  and  he  had 
conversed  with  a  great  portion  of  them  individually, 
and  they  had  almost  universally  assured  him,  that  so 
far  as  they  conducted  themsrlves  well^  they  were  ivell 
treated.  Those  who  were  disposed  to  complain,  he 
had  always  found  to  be  the  disobedient  and  refractory, 
who  feel  that  all  restraint  is  oppression  and  tyranny." 

This  is  the  disinterested  opinion  of  a  gentleman, 
whose  opportunities  for  judging  have  been  ample,  and 
whose  word  will  not  be  doubted  by  any,  except  it  be 
such  as  are  always  ready  to  cavil  at  every  thing  which 
docs  not  correspond  with  their,  preconceived,  ideas  of 
the  matter.  In  order,  however,  that  every  doubt  might 
be  removed,  Mr.  Curtis  has  attached  to  his  statement, 
the  certificates  of  three  gentlemen,  well  known  in  this 
state  as  men  of  talents  and  integrity,  and  who  are  Pro- 
fessors in  the  Theological  Seminary  at  Auburn  ;  one  of 
these  gentlemen  had  officiated  in  his  clerical  character, 
for  several  years,  in  the  prison,  and  declares  that  on 
Sabbath  days  and  at  other  times,  he  held  frequent  inter- 
course with  the  convicts,  in  their  cells  and  in  the  hos- 
pital ;  and  that  he  has  been  conversant  with  the  concerns 
of  the  prison  generally  and  with  its  officers ;  and  that 
from  his  experience  and  observation,  he  most  cheerfully 
and  cordially  concurred  with  the  general  views,  opinions, 
and  statements  of  facts,  in  relation  to  the  management, 
discipline  and  concerns  of  said  prison,  by  the  Rev.  J. 
Curtis ;  for  whose  character,  talents  and  worth,  he  had 
great  respect  and  in  whose  integrity,  he  had  the  most 
entire  confidence. 

The  other  gentlemen  confirm  the  above,  as  to  the 
character  of  Mr.  Curtis,  in  whom  they  declare  they  have 


24 

the  utmost  confidence,  and  that  he  is  a  gentleman  of 
intelligence  and  strict  integrity. 
You  have  rejected  the  testimony  of  the  Rev.  Mr.  D  wight, 
the  Secretary  of  the  Society  for  Prison  Discipline  in 
Boston,  on  the  subject  of  the  Auburn  prison ;  and  say 
that  it  is  "  a  partial  account  of  that  institution,  exhibiting 
its  brightest  and  concealing  its  darkest  features."  But 
the  high  wrought  rhapsody  of  the  inspectors  appears 
to  meet  your  full  credence ;  because  they  have  thought 
proper  to  talk  of  "  increasing  daily  toils,"  "  delivering 
the  dead  bodies  to  the  surgeon  for  dissection,"  "  galling 
chains,"  which  we  are  well  informed,  never  was  made 
use  of  in  that  prison ;  "  uninterrupted  solitude,"  the  use 
of  which  has  been  exploded  ever  since  our  report  to  the 
Legislature  in  1824,  and  a  number  of  the  like  matters, 
all  intended  to  answer  a  particular  purpose. 

I  have  already  hinted  at  the  means  made  use  of  here, 
to  expel  the  incumbents  in  office,  by  raising  an  excite- 
ment in  the  public  mind  against  them,  for  the  purpose 
of  filling  their  places  with  their  opponents  ;  and  this  is 
not  confined  to  offices  of  emolument  only,  but  to  those 
merely  honorary  also,  especially  if  it  embraces  the  power 
of  appomting  to  office,  which  is  the  fact  as  it  respects 
the  Inspectors  of  our  State  Prisons.  The  Inspectors 
tell  you,  in  the  report  you  have  referred  me  to,  that 
they  "  directed  the  agent  to  take  from  visitors  twenty- 
five  cents  each,  not  vv  ith  a  view  to  increase  the  receipts, 
but  to  disrouras^f  the  practice  ofvisitins^.^^ 

"  Men  judge  from  appearance,  (say  they)  especially 
on  the  subject  of  others'  happiness  and  misery,  which 
is  indeed  the  only  guide,  though  often  a  fallacious  one. 
It  is  emphatically  so  in  determining  the  sufferings  of  our 
labouring  convicts." 

They  then  tell  us,  as  in  your  quotation  from  the  re- 
port, that  people  who  have  never  visited  a  prison  before^ 


25 

coming  to  that  at  Auburn,  and  having  conceived  horri- 
ble ideas  of  its  terrors  and  loathsomeness,  and  on  view- 
ing the  cleanl)'  and  spacious  interior,  and  the  convicts 
clean  and  healthy,  they  leave  the  prison  under  the  be- 
lief, and  what  is  worse,  they  extensively  inculcate  the 
beliej]  that  little  suffering  is  experienced,  and  that  the 
prisoners  are  better  off,  than  when  at  liberty. 

Now,  it  is  pretty  evident,  1  think,  that  the  raising  and 
circulating  of  these  reports,  gave  the  Inspectors  some 
uneasiness,  and  in  order  to  counteract  any  improper 
effect  they  might  have,  upon  the  minds  of  the  Legisla- 
ture, was  the  object  of  that  part  of  the  report  you  have 
quoted  ;  the  highly  coloured  description  they  have  given 
of  the  convicts  "  brooding  over  their  crimes  and  suffer- 
ings," therefore,  must  be  taken  with  due  allowance  for  the 
circumstance  that  called  it  forth.  If  the  Inspectors  have, 
had  to  contend  against  the  inculcation  of  the  "  beliefj 
that  little  suffering  is  experienced,  and  that  the  prisoners 
are  better  off  than  when  at  liberty ;"  they  have  also  had 
to  contend,  and  that  very  recently,  against  a  more  im- 
posing charge,  and  which  has  very  probably  been  ag- 
gravated, if  not  inducedj  by  the  means  they  adopted  to 
ward  off  the  one  just  alluded  to. 

Early  in  1826,  a  petition  was  presented  to  the  Legis- 
lature, praying  that  an  examination  might  be  had  of 
certain  abuses  practised  by  the  officers  of  the  Auburn 
State  Prison  ;  and  stating,  that  some  of  the  convicts 
had  been  cruelly  treated,  and  that  in  some  instances, 
even  death  had  been  the  consequence,  &c.  On  the 
17th  of  April  of  the  same  year,  an  act  was  passed,  di- 
recting Commissioners  to  vish  the  prison,  and  to  make 
a  full  and  impartial  examination  of  all  the  matters  com- 
plained of  in  said  petition.  The  Commissioners  met 
on  the  2lst  of  July,  18*6,  and  proceeded  with  the  in- 
vestigation of  the  matters  complained  of.     In  January 

4 


26 

1 827,  they  made  their  report  to  the  [legislature.  This 
report  consists  of  88  printed  pages,  and  was  accompa- 
nied with  the  minutes  of  testimony  given  by  80  wit- 
nesses, which  they  had  carefully  examined,  under  oath  ; 
altogether,  forming  a  mass  of  information,  su(  h  as  has 
never  before  been  collected  on  a  like  occasion. 

You  have  probably  been  furnished  with  a  copy  of 
this  report ;  but,  having  no  knowledge  of  the  fact,  I 
have  deemed  it  proper,  to  make  some  extracts  from 
the  concluding  parts  of  it.  Before  I  proceed  however, 
it  seems  necessary  that  I  should  state  a  fact  for  the  pur- 
pose of  elucidation.  In  April,  1 826,  Elam  Lynds,  the 
Agent  and  principal  keeper  of  the  Auburn  prison,  re- 
signed his  office,  for  the  purpose  of  taking  charge  of  the 
convicts  engaged  in  erecting  the  new  prison  at  Mount- 
Pleasant,  and  Richard  Goodell  was  appointed  by  the 
Inspectors,  to  take  the  office  vacated  by  the  resignation 
of  Mr.  Lynds.  Mr.  Goodell  continued  in  this  office 
until  January,  1826,  when  he  departed  this  life,  and 
Mr.  G.  Powers,  the  present  Agent,  was  appointed  to  fill 
the  office. 

The  I  ommissioners  state,  in  the  close  of  their  exam- 
ination, as  follows : 

"  We  have  gone  through  the  list  of  abusive  punish- 
ments, and  the  sum  of  the  whoh;  is,  that  in  a  little  more 
than  four  years  under  Mr.  Lynds'  agency,  six  cases  of 
punishment  have  appeared  to  deserve  particular  atten- 
tion ;  of  which  we  have  reported  one  as  an  accident, 
one  as  uncertain  from  defect  of  testimony  ;  one  as  harsh, 
but  excusable  pom  very  peculiar  circumstances ;  and 
two  as  abuses  in  a  merel}  formal  and  legal,  but  not  in 
a  moral  sense  ;  and  not  as  beinfj  undeserved  or  unusu- 
ally severe,  and  one  as  entirely  justifiable. '''' 

"  In  about  nine  months  during  which  Mr.  Goodell 
was  Agent,  we  iind  iwenty-one  cases  of  punishment  of 


21 

a  character  to  deserve  investigation  ;  of  which  four  do 
not  appear  to  have  been  severe.  About  fourteen  were 
cases  of  severe  punishment ;  and  if  the  whole  list  stated 
bj  Dr.  Tuthill  be  admitted,  the  number  will  be  raised 
to  nineteen ;  and  if  the  repeated  punishments  inflicted 
on  such  men  as  Mastison  and  Holmes  be  included,  the 
number  will  be  much  greater.  We  have  reported 
twelve  in  all  to  be  abuses,  either  in  a  legal  or  moral 
sense." 

"  In  Mr.  Lynds'  four  years  we  have  heard  of  but  one 
attack  of  a  prisoner  upon  a  keeper." 

"  In  Mr.  Goodell's  nine  months,  six  different  men 
made  those  attacks,  and  some  of  them  more  than  once. 
He  had  also  cases  of  feigned  insanity,  and  punishments 
for  pretended  sickness,  which  was  never,  or  seldom 
made  in  Mr.  Lynds'  time." 

"  The  system  of  Mr.  Goodell  was  an  avowed  and 
intentional  departure  from  what  he  deemed  the  too 
great  severity  of  Mr.  Lynds.  This  certainly  proceeded 
from  feelings  that  do  honor  to  his  heart ;  but  he  seems 
to  be  too  far  infected  by  the  feelings  of  those  welt-mean- 
ing men  in  Europe  and  America,  who,  without  actual 
acquaintance  with  the  chaiacter  of  criminals,  have  fra- 
med theories  grounded  upon  the  good  qualities  of  con- 
victed felons.  He  trusted  their  honors,  and  sought  by 
kindness  shown,  and  confidence  reposed,  to  inspire 
them  with  a  willing  and  generous  obedience ;  and  we 
have  seen  his  reward." 

"  The  cause  of  the  increase  of  disorder,  and  of  pun- 
ishment, in  Mr.  Goodell's  time,  are  very  distinctly  tra- 
ced, by  all  the  experienced  keepers  in  the  prison,  to 
one  source  ;  the  relaxation  of  discipline.  The  conde- 
scension of  the  principal,  made  them  insolent  towards 
the  Assistants.     Concealed  weapons  were  found,  end 


2S 

the  Assistants  consulted  anxiously,  respecting  the  safety 
of  the  prison,  and  of  their  own  persons." 

This  is  a  practical  comment  on  the  ^^refoimitory 
system^''^  or  of  attention  and  kindness^  and  the  constant 
and  individual  intercourse  of  the  governors,  advising, 
remonstrating,  and  reforming  the  convict  It  is  an  un- 
deniable fact,  tested  by  experience,  that  the  convicts 
will  not  consider  any  of  the  persons  who  hold  them  in 
custody  as  their  friends,  and  theretore,  advii  e  and  re- 
monstrance from  that  quarter,  is  useless  and  nugatory. 
There  cannot  be  a  stronger  proof  of  the  folly  of  at- 
tempting, by  kindness  and  attention,  to  induce  the  con- 
victs to  conduct  themselves  well,  or  to  adopt  a  better 
course  of  life,  than  what  has  been  shown  by  the  results 
of  Mr.  GoodelFs  administration.  The  comparison  of 
offences  and  punishments,  between  his  time,  of  nine 
months,  and  that  of  Lynds'  oi'fonr  years,  plainly  shows 
that  the  system  I  am  contending  for,  is  not  only  the 
most  effectual  and  salutary,  but  that  it  is  the  most  hu- 
mane and  benevolent.  It  not  only  tends  to  inculcate 
habits  of  industry  and  strict  attention  to  the  business  in 
band,  but  to  concentrate  the  thoughts  of  the  subject, 
and  bring  them  within  the  narrow  compass  of  his  own 
breast.  If  he  has  a  spark  ot  that  reverence  for  L)eity, 
which  few  are  entirely  bereft  of,  and  of  which  he  will 
frequently  be  reminded  by  his  friend  and  adviser,  the 
Chaplain,  his  reflections  must  naturally  produce  an  in- 
ward conviction,  of  the  folly  of  that  course,  which  has 
brought  him  to  his  then  condition,  and  lead  him  to  form 
resolutions,  not  only  to  conduct  himself  in  conformity 
with  the  rules  of  the  establishment,  but  to  live  an  or- 
derly and  industrious  life  uhen  he  shall  again  be  per- 
mitted to  mingle  with  the  world.  Besides  this  moral 
effect  of  the  system,   it  is  important  also,  as  it  respects 


29 

the  lives  of  the  officers  of  the  establishment,  as  well  as 
that  of  the  convict.  How  often  do  we  hear  of  insurrec- 
tions and  bloodshed  in  the  prisons  of  other  states  ? 
The  convicts  in  the  prison  at  Philadelphia,  have  fre- 
quently rushed  upon  their  keepers,  and  v\  ere  not  quelled 
until  the  shedding  of  blood.  In  New- Jersey  the  prison 
was  once  actually  wrested  from  its  officers.  Insurrec- 
tions have  broken  out  in  the  prisons  of  Maryland,  Vir- 
ginia, and  within  my  own  knowledge,  there  has  been 
several  insurrections  in  the  prison  in  this  City  ;  once, 
nearly  the  whole  of  one  wing  of  the  prison  was  burnt 
down,  by  an  incendiary  convict ;  and  more  than  once, 
have  the  guard  on  the  walls  of  the  prison,  been  com- 
pelled to  fire  on  the  men  in  the  vard,  who  were  then, 
in  a  state  of  insurrection.  Nothing  of  the  kind  has  oc- 
curred at  the  prison  at  Auburn,  neither  can  it  occur 
there,  or  any  where  else  under  ihe  same  discipline  ;  for 
there  is  no  room  allowed  for  the  beginnings  of  mischief, 
as  the  least  indication  of  a  breach  of  order  is  nipped  in 
the  bud,  and  the  necessity  of  punishment  is,  in  a  great 
measure  entirely  prevented.  I  have  not  the  least  doubt, 
had  I  the  means  of  comparing  the  whippings  on  the 
bare  back,  which  has  been  inflicted  at  the  New-Vork 
prison,  with  that  at  Auburn,  that  the  former  w  ould  be 
two  to  one  of  the  latter. 

You  have  been  pleased  to  state,  in  answer  to  my 
question,  "  what  should  be  done  with  a  robust  and  hard- 
ened culprit,  who  resolutely  puts  his  keepers  at  defiance, 
&c."  that  "  when  the  offender  is  no  longer  under  the 
influence  of  reason,  he  is  to  be  treated  as  a  person  in- 
sane, who  is  no  longer  answerablr  for  his  own  conduct; 
that  he  is  an  object  of  compassion  rather  than  punish- 
ment, and  that  he  is  more  likely  to  be  restored  by  lenity 
and  forbearance,  than  by  the  discipline  of  thirty-nine 
kishes,  well  laid  on." 


30 

The  treatment  you  have  here  recommended,  would 
certainly,  be  very  proper  for  a  person  really  insane, 
who  ought  to  "  be  coerced  and  restrained  from  doing  in- 
jury, either  to  himself  or  others ;"  but  it  was  not  insanity 
that  induced  the  act  I  have  alluded  to,  it  was  the  ma- 
lignity of  a  bravado,  who  set  at  defiance  the  punishment 
of  a  bread  and  water  diet,  and  the  solitude  of  a  cell ; 
and  the  treatment  you  have  recommended,  of  "  lenity 
and  forbearance,"  would  only  tend  to  encourage  him 
in  outrage,  instead  of  restoring  him  to  reason.  Of  this, 
however,  you  will  never  be  convinced,  until  the  exper- 
iment has  been  made  of  your  lenient  system,  in  your 
own  country ;  for  here,  the  views  of  my  countrymen 
are  too  enlightened  on  the  subject,  ever  to  induce  them 
to  make  the  attempt,  further  than  it  has  already  been 
made. 

Having  no  wish  to  extend  these  remarks  further  than 
what  may  be  absolutely  necessary,  or  quoting  proofs 
from  a  work  in  your  possession,  I  take  the  liberty  to 
refer  you,  for  cases  of  abusive  conduct,  by  the  convicts 
in  one  of  our  prisons,  to  pages  16  to  19  inclusive,  of 
our  report  to  the  Legislature  of  January,  1825. 

You  notice  a  quotation  I  made  from  your  remarks, 
asserting,  "  that  the  plan  proposed  by  the  Commission- 
ers^ discourages  all  uttfmpts  for  the  reformation  of  the 
offender ;"  and  that  1  had  denied  the  fact.  As  a  justifi- 
cation of  your  assertion,  however,  you  slate,  "  I  have 
only  repeated  in  other  words  the  sentiments  of  the 
Commissioners  themselves,  who  have  expressly  asserted 
that  they  ( onsider  reformation,  as  to  any  practicable 
purpose,  wholly  out  of  the  question  ;  or,  almost,  as  ap- 
plicable only  to  offenders  who  are  younu  in  years,  or 
in  criminality.^''  I  am  not  willing  to  admit,  sir,  that 
the  above  qnotation  from  our  report,  will  bear  you  out 
in  the  construction  you  have  given  it.     The  idea  of 


31 

"  discouraging  all  attempts  for  the  reformation  of  offend" 
ers,"  is  not  to  be  found  in  anj  thing  we  have  said  or 
written  on  the  penitentiary  system ;  neither  does  the 
quotation  you  have  made,  inculcate  it;  for  the  only 
fair  conclusion  to  be  drawn  from  it  is,  that  the  reform- 
ation of  old  offenders,  as  to  any  practicable  purpose,  was, 
in  the  opinion  of  the  Commissioners,  wholly  out  of  the 
question;  but  to  offenders  uho  are  young  in  years,  or 
in  crimiuality,  reformation  was  applicable  and  might  be 
expected, 

I  should  suppose,  sir,  after  the  incontestible  evidence 
we  have  adduced,  of  the  re-commitments  for  third  and 
fourth  offences,  and  the  fact  of  the  irreclaimable  charac- 
ter of  these  offenders,  as  proved  by  the  publications  in 
your  own  country,  as  well  as  this,  that  you  would  be 
induced  to  believe  that  the  reformation  of  those  who 
had  grown  old  in  crime,  was  scarcely  to  be  expected. 

In  my  last  respects,  which  has  been  the  means  of 
bringing  you  out  again,  in  opposition  to  the  report  of 
the  Commissioners,  I  stated,  that  the  receipt  of  con- 
victs at  the  New- York  prison  in  1825,  was  155;  and 
that  14  of  them  had  been  committed  to  prison  for  second 
and  third  offences.  The  receipts  for  i826,  was  141  ; 
and  24  of  them  was  brought  there,  some  lor  the  second 
some  for  the  thirds  and  some  for  the  fourth  time.  The 
receipts  at  the  Auburn  prison  for  1825,  was  \36  ;  and 
only  two  of  them  was  committed  for  a  second  offence. 
In  1826,  the  receipts  was  [S3,  and  there  was  four  com- 
mitted for  the  second  time,  and  these,  it  was  believed, 
had  before  been  confined  in  some  other  prison.  This 
not  only  shows  the  results  of  the  discipline  at  the  two 
prisons,  but  demonstrates  the  fact,  that  the  reformation 
of  the  hardened  offender,  as  to  any  practicable  purpose, 
was  pretty  nearly,  if  not  altogether,  out  of  the  question. 

I  observe,  that  great  dependence  is  placed  by  you, 


32 

for  your  facts,  upon  the  reports  and  statements,  of  the 
Inspectors  of  the  prison  in  this  City  ;  and  although  you 
have  charged  me  with  an  **  attempt  to  throw  discredit 
on  the  reports  of  the  Inspectors"  of  our  prisons,  1  can 
assure  you,  that  I  have  a  high  respect  for  them  as  gen- 
tlemen of  character  and  respectability ;  and  the  freedom 
with  which  we  have  spoke  of  the  institutions  under 
their  controul,  arose  from  a  sense  of  duty  to  the  public, 
and  not  from  any  feeling  of  disrespect  to  these  gentle- 
men, for  1  have  ever  considered  my  duty  to  the  public 
of  much  higher  consideration,  than  the  friendship  or 
favour  of  any  individual,  or  number  of  individuals. 
The  report  you  have  referred  me  to,  abounds  in  high 
sounding  phrases,  and  rhetorical  expressions,  but  it 
is  one  thing  to  talk,  as  the  Inspectors  do,  about  "  pro- 
ducing the  well 'being  of  the  criminal,"  and  the  "  ex- 
tending; the  hand  of  friendship  to  him,  to  guide  the 
misguided  wanderer,  enlightening  his  mind,  and  direc- 
ting his  eyes  to  the  observance  of  good  laws,  &c."  and 
another  to  carry  these  fine  sayings  into  effect.  If  this 
has  been  done  in  any  number  of  instances,  it  has  not 
been  shown,  to  my  knowledge,  at  least ;  and  I  have 
strong  doubts,  whether  it  can  be  effected  in  any  in- 
stance, except  by  the  discipline  we  have  recommended. 
Under  this  "  improved  system  of  prison  discipline," 
as  you  are  pleased  ironically  to  call  it,  much  may  be 
effected,  both  for  iht  safety  of  the  community,  and 
the  reformation  of  the  convicts,  particularly  "  to  offen- 
ders who  are  young  in  years  or  in  criminality."  As  a 
farther  proof  of  the  good  effects,  which  are  developing 
themselves,  under  the  improved  system,  I  beg  leave  to 
refer  you  to  the  last  report  of  the  Inspectors  of  the  Au- 
burn prison.  The  present  Agent  of  that  prison,  Mr. 
Powers,  had  adopted  measures,  by  writing  to  gentle- 
men residing  in  the  vicinity  of  convicts  who  had  been 


33 

discharged,  in  order  to  ascertain  the  efl'ects  produced 
upon  their  lives  and  conduct,  by  the  operation  of  the 
discipline  of  the  prison.  He  states,  that  accounts  have 
been  received  from  79,  of  this  description,  and  their 
names,  with  an  abstract  of  the  information  relative  to 
each,  is  annexed  to  the  report.  From  which  it  appears, 
that  the  conduct  of  52  had  been  decidedly  moral  and 
good,  since  their  release  from  prison ;  that  eight  had  been 
considerably  improved,  and  were  less  vicious  than  for- 
merly ;  that  the  conduct  of  16  was  profligate  and  bad, 
and  that  three  of  the  79  were  not  sufficiently  known  by 
the  persons  inquired  of,  to  authorise  an  opinion  of  their 
conduct  and  character.* 

It  is  worthy  of  note  however,  that  it  does  not  appear 
that  any  of  the  convicts  thus  improved  by  the  discipline 
of  the  prison,  were  in  on  a  second  conviction  ;  and  I 
repeat  with  increased  confidence  therefore,  that  however 
desirable  it  may  be  to  reform  a  confirmed  villain^  it  tSy  to 
say  the  least  of  it,  a  Forlorn  Hope. 

The  following  sentence,  as  a  quotation  from  our  re- 
port, is  paraded  in  staring  italics,  as  a  proof  of  our  dere- 
liction from  all  that  is  humane  on  the  subject  of  the 
treatment  of  convicted  felons.  "  That  the  State  cannot 
and  ought  not  to  undertake,  at  the  public  expence,  the 
moral  reformation  of  criminals. "  You  have  omitted  the 
latter  part  of  the  sentence  however,  which  is  as  follows, 
"  But  we  cordially  admit,  that  such  reformation  is  most 
desirable,  while  from  experience  we  know,  that  it  is 
most  unlikely."  Our  reasons,  why  the  State  ought  not 
to  undertake  the  moral  reformation  of  criminals,  will 
be  found  at  page  15  of  our  report. 

According  to  your  views,  the  Penitentiary  ought  to 
be  a  school  for  the  tuition  of  morality,  and  at  the  same 
time  of  "  productive  labour,  that  will  enable  the  pri- 

*  See  Appendix, 

5 


34 

boilers  to  provide  for  their  own  maintenance  without 
any  expence  to  the  community."  These,  according  to 
my  view  of  the  subject,  are  principles,  decidedly  op-^ 
posed  to  each  other.  You  cannot  undertake  the  moral 
and  religious  instruction  of  the  criminal  and  at  the 
same  time  make  his  work  profitable  ;  because,  he  can- 
not be  instructed  and  labour  at  the  same  time.  In- 
struction is  communicated  either  by  reading  or  orally, 
and  in  either  case,  time  is  required  *,  and  the  time  spent 
in  reading  or  hearing  a  lecture,  cannot  at  the  same  time 
be  employed  at  labour.  As  for  the  prisoners  providing 
for  their  own  maintenance,  without  expence  to  the 
State,  and  at  the  same  time  instructing  them  in  religion 
and  morality  to  any  beneficial  extent,  it  is  all  chimeri- 
cal and  vain.  The  only  prison  within  our  knowledge, 
that  has  paid  the  whole  expence  of  the  establishment, 
is  that  at  New-Hampshire,  and  there  the  materials 
worked  cost  nothing,  as  the  stone  is  found  in  abun- 
dance, and  only  requires  the  labour  of  the  convict  to 
shape  it  into  proper  form  for  building.  The  number 
of  prisoners  too,  at  that  prison,  is  small,  not  exceeding 
60,  and  every  body  knows,  who  knows  any  thing  about 
the  profits  of  labour,  that  a  moderate  number  of  me», 
in  a  single  establishment,  will  earn  more  in  proportion, 
than  where  they  are  more  numerous. 

Although  instruction  in  morality,  and  profitable  la- 
bour at  the  same  instant,  are  opposed  to  each  other, 
when  carried  to  the  extent  you  would  seem  to  aim  at, 
I  am  far  from  believing,  that  they  are  entirely  irrecon- 
cilable ;  for,  according  to  the  plan  we  propose,  a  rea- 
sonable regard  is  paid  to  both.  The  convict  is  made 
to  labour  steadily  through  the  day,  but  he  has  the 
evening  of  each  day,  and  the  whole  of  the  Sabbath  for 
instruction,  cither  by  reading  his  Bible,  hearing  a  ser- 
mon, conversing  with  the  Chaplain,  or  mentally  reflect- 


35 

jng  on  his  condition^  and  the  ciiminal  course  lie  has 
pursued,  and  which  has  caused  his  safferings. 

However  proper  it  may  be,  under  the  laws  and  con- 
stitution of  your  country,  to  establish  schools  of  mo- 
rality and  religion  in  your  prisons,  it  would  be  deemed 
here,  an  infringment  of  equal  rights.  In  thi.s  state,  no 
establishment  for  instruction  in  morals  or  religion,  is 
supported  at  the  public  charge  ;  institutions  for  these 
purposes  are  sustained  by  individual  contributions  al- 
most altogether,  except  the  aid  extended  by  the  Legis- 
lature to  our  common  schools,  for  the  instruction  of 
indigent  children.  There  is  therefore,  no  connection 
here,  between  Church  and  State,  and  no  class  of  our 
citizens  are  instructed,  either  in  morality  or  religion, 
except  at  their  own  expence. 

The  simple  idea,  intended  to  be  communicated  by 
the  Commissioners  was,  therefore,  that  the  State  ought 
not  undertake  the  moral  reformation  of  criminals,  be- 
cause it  would  be  extending  a  privilege  to  convicts,  not 
enjoyed  by  the  honest  and  virtuous  part  of  the  commu- 
nity ;  because,  in  a  constitutional  point  of  view,  it 
might  be  deemed  illegal,  and  because  the  expence  to 
the  public,  by  the  withdrawal  of  the  prisoners  from 
their  labour,  in  order  that  they  might  attend  to  their 
studies,  and  receive  instruction,  would  be  materially 
increased  by  the  operation. 

I  apprised  you,  in  my  letter  of  May,  1826,  "that 
two  o!  the  Commissioners  were  mere  practical  men, 
who  make  no  pretensions  whatever  to  literary  acquire- 
ments, and  also,  that  some  of  the  opinions,  apart  from 
those  in  which  we  stated  there  was  a  difference,  are  not 
the  sentiments  of  all  of  us."  There  are  others,  that 
ought  to  have  been  elucidated  by  the  reasons  which 
broug^ht  us  to  the  conclusion,  and  the  one  1  have  at- 
tempted  to  explain  above,  is  one  of  that  description. 


36 

h  would  occupy  too  much  space,  and  at  the  same  time 
prove  uninteresting,  were  I  to  descend  to  particulars  as 
to  the  forming  of  our  report.  The  difficnhy  in  com- 
bining our  several  views  into  one  whole  ;  the  manner 
of  expression  used  in  conveying  our  ideas,  and  the  ob- 
jections made  by  our  literary  friend,  to  the  gramnvatical 
purity  of  our  language  :  all,  more  or  less,  tending  to 
lay  the  work  open  to  criticism. 

I'he  remainder  of  your  book,  appears  to  be  devoted 
to  the  proof  of  two  facts  ;  first,  that  "  the  evils  which 
have  attended  the  penitentiary  system,  have  been  occa- 
sioned by  the  want  of  room,"  and  not  by  the  laxness 
of  discipline ;  and  second,  to  show  the  bad  effects  and 
inutility  of  solitary  confinement. 

The  subject  of  solitary  confinement,  might  be  dis- 
missed by  me  with  a  single  remark  ;  for  the  Com- 
missioners have  not  recommended  the  measure,  a  ma- 
jority of  them  being  decidedly  opposed  to  it,  except 
as  a  matter  of  discipline,  to  coerce  the  turbulent  and 
ungovernable  ;  and  since  the  unfavourable  result  of 
the  experiment  was  exposed  and  made  manifest  by  the 
report  of  the  (  ommissioners,  there  has  not,  within  my 
knowledge,  been  a  sentence  to  solitude  by  the  Courts 
of  this  State,  and  those  that  were  in  the  cells  at  Auburn, 
have  been  released,  and  much  better  disposed  of,  by 
being  sent  to  the  work  in  the  shops. 

The  foregoing  brief  statement  would,  perhaps,  be 
sufficient,  vvere  it  not  that  you  appear  to  be  unwil- 
ling to  credit  my  assertions,  or  those  of  the  respec- 
table Secretary  of  the  Prison  Discipline  Society  of 
Boston.  Thus,  you  take  up  the  report  of  the  Inspec- 
tors of  the  Auburn  prison  for  1822,  more  than  two 
years  anterior  to  our  report,  and  from  that,  state  the 
number  in  solitude  at  seventy-seven^  fiom  which  you 
•leave  the  public  to  draw  the  conclusion  that  this  is 


37 

the  number  now  in  solitude,  and  that  this  number  will 
be  increased  instead  of  diminished.  Then  by  a  con- 
struction of  your  own  coining  (for  we  deny  that  the 
language  or  the  sentiment  is  that  of  the  report)  you  say, 
"  the  rest  perform  their  automaton  evolutions  and  daily 
tasks  under  the  immediate  fear  of  the  whip."  And 
you  add,  ''  This  is,  I  apprehend,  a  much  more  faithful 
picture  of  the  prison  at  Auburn,  than  that  which  either 
you,  or  the  managers  of  the  Society  at  Boston,  have 
favoured  us  with ;  in  which  I  find  no  mention  of  soli- 
tary cells  ;  of  persons  confined  who  were  anxious  to 
work  ;  of  diseases  aggravated  upon  those  who  were 
confined  when  under  the  symptoms  of  them,  &c.  of  all 
this  neither  you  nor  the  Managers  of  the  Boston  Society 
have  afforded  us  a  single  hint  "  Ail  this,  sir,  I  am  ex- 
tremely sorry  to  say  it,  has  no  foundation  in  truth. 

In  the  first  place,  by  a  reference  to  our  report,  page 
34,  you  will  see  that  we  have  stated  the  number  in  soli- 
tude at  Auburn  to  be  thirty-six.  At  the  same  time  we 
gave  a  circumstantial  and  detailed  statement  of  the  ef- 
fects of  solitary  confinement  upon  their  constitutions 
and  general  health  ;  that  it  was  injurious ;  attended 
with  excessive  weakness  and  debility  ;  affections  of 
the  lungs  ;  rheumatic  pains  ;  numbness  and  swelling 
of  the  limbs  ;  loss  of  flesh  and  appetite,  and  disturbed 
sleep.  That  they  generally  declared,  they  would  pre- 
fer the  hardest  labour  and  the  coarsest  food,  to  their 
present  condition  ;  and  that  two  of  them  begged  thej 
might  have  work  in  their  cells  in  order  to  make  the 
time  pass  off  less  irksome,  (see  our  report  page  o5.) 
When  Mr.  Dwight  visited  this  prison  in  1 826,  there 
were  no  convicts  in  solitary  confinement ;  for,  as  I  have 
before  stated,  the  practice  was  understood  to  have  been 
discontinued,  immediately  after  the  exposure  of  the 
matter,  by  our  report;  and  this  it  is  hoped,  will  account 


28 

for  the  omission,  you  thought  you  had  discovered  in  the 
report  of  the  Boston  Society.  I  will  barely  remark  in 
conclusion,  on  this  part  of  the  subject,  that  you  are 
equally  mistaken  about  the  **  automaton  evolutions  and 
daily  /«5fc5,"  as  no  task  is,  or  ever  vv'as  exacted  at  the 
Auburn  prison  ;  the  convict  is  only  required  to  work 
moderately,  but  steadily  through  the  day. 

Before  I  proceed  further,  I  beg  leave  to  remark,  that 
I  do  not  intend  to  deny,  but  on  the  contrary  affirm,  that 
one  of  the  greatest  evils  in  the  construction  of  most  of 
our  prisons  is,  the  want  of  separate  rooms  for  lodging 
each  prisoner  by  himself  at  night  ;  and  my  only  ob- 
ject is  to  show,  that  other  evils  exist  susceptible  of  im- 
provement ;  and  that,  one  of  the  greatest  magnitude  is, 
a  total  disregard  of  that  wholesome  and  energetic  dis- 
cipline^  so  essential  for  effecting  the  results  in  view  by 
the  establishment  of  penitentiaries. 

You  have  named  Thomas  F  ddy  of  New-Vork,  and 
Robert  Vaux  of  Philadelphia,  as  friends  to  your  plan, 
although,  as  it  will  hereafter  appear,  you  and  the  last 
named  gentleman,  are  mu<h  at  variance  on  one  sub- 
ject, to  wit,  solitary  confinement.  With  Mr.  Vaux,  I 
have  no  acquaintance,  ex(?ept  by  his  writings ;  and 
from  them  and  other  sources  of  information,  I  learn 
that  he  is  a  man  of  extensive  benevolence,  and  that  he 
has  spent  much  of  his  time  and  substance  in  the  cause 
of  humanity  and  other  good  works  With  Mr.  F^ddy 
however,  I  am  well  acquainted,  and  there  is  no  man  of 
the  present  day,  who  has  done  more  to  encourage  mea- 
sures for  alleviating  the  condition  of  the  poor  ;  to  estab- 
lish eleemosynary  institutions  in  this  City  for  their  bene- 
fit ;  to  prevent  the  growth  of  pauperisn)  among  us,  and 
to  effect  the  universal  education  of  the  children  of  indi- 
gent parents,  than  what  Thomas  Eddy  has  done ;  and 
no  person  can  be  more  willing  and  ready,  to  acknow- 


39 

ledge  the  public  wortli  of  these  gentbmen  than  I  am , 
but,  candour  compels  me  to  declare,  if  they  believe  the 
system  of  discipline  you  ha?e  recommended,  will  be 
productive  of  the  results  you  so  fondly  anticipate,  that 
they,  as  well  as  yourself,  will  be  wofully  disappointed. 
I  have  some  reason  to  believe  however,  that  these  gen- 
tlemen do  not,  like  you^  attribute  the  whole  of  the  evils 
of  the  system  to  the  want  of  room,  for  I  find  that  Mr. 
Vaux  gives  other  reasons,  besides  the  one  you  have  quo- 
ted, to  which  he  attributes  the  failure  of  the  experi^ 
meat. 

"  The  mode  of  governing  the  Penitentiary,  (says  he) 
has  undergone  so  many  changes  since  its  establishmentj 
and  the  responsibility  has  been  so  much  extended  and 
divided,  as  to  render  it  almost  impossible  to  effect  cer- 
tain objects  indispensible  to  the  prosperity  of  the  estab- 
lishment." He  then  proceeds  to  state  other  reasons 
for  the  failure  of  the  system  ;  but,  in  my  opinion,  the 
most  cogent  cause  of  failure  may  be  found  in  the  ex- 
tending aii.^  dividing  the  responsibility  of  those  having 
the  controul  of  the  institution,  as  alluded  to  by  Mr. 
Vaux  in  the  foregoing  quotation. 

The  «vils  arising  from  the  frequent  change  of  offi^ 
cers,  and  the  division  of  the  responsibility,  are  point- 
ed out  by  the  Commissioners  in  their  report,  on  seve- 
ral occasions,  particularly  at  page  20  and  21  ;  their  re^ 
commendation  is,  "  that  both  prisons  should  be  placed 
under  the  general  administration  of  Commissioners,  to 
be  appointed  by  the  Legislature  ;  for  the  following  rea- 
sons and  objects,  viz.  To  produce  unilbrmity  in  disci- 
pline, that  the  improvements  and  advantages  of  each 
prison  may  be  introduced  into  the  other ;  to  withdraw 
the  government  of  the  prisons  from  the  influence  of  lo- 
cal interests,  and  from  the  jealousies  and  feuds  produ- 
ced by  real  or  supposed  cases  of  favoritism,  and  to  gir^ 


40 

the  utmost  possible  permanence  and  stability  to  the  ad- 
ministration of  prison  discipline."  The  bad  effects  of 
this  divided  responsibility  must  have  been  clear  to  the 
view  of  Mr.  Vaux,  as  a  matter  requiring  correction ; 
for  he  recommends,  that,  "  upon  the  principal  keepers 
must  devolve  the  responsibility  of  giving  full  and  last- 
ing effect  to  the  grand  experiment."  "  Those  officers 
should  be  a  chief  manager  and  matron,  qualified  as 
well  hy  decision  and  firmness  of  mind,  mixed  with  gen- 
tleness, as  by  good  education,  and  sound  religious  char- 
acter." This  is  precisely  the  character  recommended 
by  the  Commissioners,  though  in  other  words,  for  they 
say,  "  the  principal  keeper  must  be  a  man  oi firmness ^ 
discretion,  and  vigilance,  and  he  ought  to  be  the  respon- 
sible person  in  all  matters  relative  to  the  conduct  and 
safe-keeping  of  the  prisoners." 

There  appears  to  be  a  conflicting  opinion  too,  as  I 
before  observed,  between  you  and  Mr.  Vaux,  on  the 
subject  of  soilary  confinement ;  he  thinks,  that  this  val- 
uable part  of  the  system,  solitary  confinement  and  hard 
labour,  "  has  often  been  improperly  dispensed  with,  to 
the  prejudice  of  the  convicts,  as  the  Legislature  never 
empowered  those  who  govern  the  prisons  to  diminish 
the  penalties  of  the  law."  In  several  other  parts  of  his 
work,  he  speaks  of  solitary  confinement  as  the  most 
effectual  punishment  for  the  prevention  of  crime,  and  to 
those  who  object  to  it  as  "  cruel  in  the  extreme,"  he 
answers,  "  that  punishment  is  intended  to  be  what  its 
name  implies."  It  appears  to  me,  however,  had  Mr. 
Vaux  read  that  part  of  our  report  relative  to  this  subject, 
by  which  it  is  made  manifest,  (as  the  result  of  our  exa- 
mination of  the  convicts  confined  in  solitude  in  1824 
at  Auburn  will  show,)  that  there  Wcis  no  evidence 
to  convince  us,  that  those  who  had  undergone  the 
punishment  of  solitude,  were  in  any  respect  reform- 


41 

cd  by  the  operation,  although  the  punishment  was 
admitted  on  all  hands  to  be  both  severe  and  irksome. 
On  the  contrary,  it  did  appear,  if  any  judgment  might 
be  formed  by  comparing  the  length  of  time  that  those 
were  out  of  prison,  after  their  discharge,  who  had  been 
kept  at  labour  in  the  shops,  and  under  the  discipline  of 
the  prison,  with  those  who  had  undergone  the  punish- 
ment of  solitude  in  the  cells,  and  had  returned  under  a 
second  sentence,  that  the  punishment  by  labour,  with 
the  discipline  of  the  prison,  was  much  more  effectual  in 
retarding  the  commission  of  crime,  than  the  total  exclu- 
sion of  the  prisoner. 

Mr.  Vaux  also  attributes  the  failure  of  the  system, 
to  the  introduction  of  such  branches  of  industry,  as 
would  yield  the  largest  profit,  which  induced  a  relaxa- 
tion of  the  discipline.  To  the  frequent  exercise  of  the 
pardoning  power,  at  the  suggestion  of  the  inspectors ; 
to  the  common  intercourse  of  the  prisoners,  and  the 
certainty  of  a  pardon  to  those  who  were  condemned  to 
suffer  the  greatest  length  of  punishment.  These  are 
the  principal  reasons,  in  addition  to  the  smallness  of  the 
prison,  which  in  the  opinion  of  Mr.  Vaux,  have  been  the 
cai]se  of  failure  in  the  Philadelphia  penitentiary. 

The  plan  for  the  Penitentiary  building,  erecting  in  the 
city  of  Philadelphia,  is,  as  I  am  informed,  on  the  radiating 
or  diverging  principle.  Eleven  acres  of  ground,  we  are 
told,  have  been  enclosed,  with  a  wall  of  thirty  feet  in 
height,  and  within  this  immense  enclosure,  the  prison 
is  to  be  erected,  calculated  to  accommodate  three  hun- 
dred persons.*  The  rooms,  for  they  cannot  be  called 
cells,  are  to  be  sufficiently  large  to  admit  the  convicts 
who  occupy  them,  to  be  employed  at  some  kind  of 

*  Letter  from  one  of  the  Commissioners  for  building  the  prison,  1o  the 
Society  for  the  Improvement  of  Prison  Discipline,  in  England. 

6 


42 

labour,  and  this  is  called  "  solitary  confinement  with  hard 
labour^  It  is  worthy  of  note,  however,  that  there  are 
but  few  of  the  convicts,  on  being  sent  to  the  penitentiary, 
who  are  artists  or  mechanics,  and  therefore  require  con- 
stant  instruction  in  the  branches  pursued  at  the  institu- 
tion, in  order  to  their  labour  being  useful  or  profitable ; 
and  how  then  are  these  three  hundred  men  to  be  insiruct- 
ed,  each  in  a  separate  apartment,  unless  it  is  intended 
to  employ  nearly  as  many  keepers,  who  are  masters  of 
the  business  carried  on,  as  there  are  convicts  to  be 
instructed  ?  1  have  not  had  the  pleasure  of  examining 
this  structure,  however,  and  the  only  intormation  I  have, 
is  derived  from  the  verbal  communication  of  others,  and 
if  this  information  be  correct,  then  am  I  under  g;reat 
apprehensions,  that  the  whole  scheme  will  prove  a 
failure,  at  least  so  far  as  the  reformation  of  the  criminal, 
or  the  revenues  of  the  establishment,  are  concerned. 

The  plan  adopted  in  this  State,  is  upon  a  different 
principle  altogether.  The  building  now  erecting  at 
Mount- Pleasant,  covers  about  three  fourths  of  an  acre, 
exclusive  of  the  yard.  It  will  be,  when  completed, 
about  48  feet  in  width,  and  480  in  length,  on  a  straight 
line.  The  outer  walls  are  3  feet  thick.  Between  the 
outer  walls  and  the  cells,  there  is  a  hall  of  9  feet  in  the 
clear.  Thus,  the  cells  form  a  prison  by  themselves,  and 
may  therefore,  be  described  as  a  prison  within  a  prison. 
The  cells  are  each  three  feet  six  inches  wide,  eight 
feet  long,  and  seven  feet  high,  all  in  the  clear.  The 
first  tier  of  200  cells,  or  100  cells  on  each  front,  is  on 
the  ground  floor.  The  other  three  tiers,  one  above  the 
other,  are  approached  by  flights  of  steps,  to  a  gallery, 
on  which  tlicy  open,  and  will  form  altogether,  when 
completed,  four  tiers,  containing  100  cells  on  each 
Iront,  or  800  in  the  whole.  There  will  be  other  build- 
ings on  each  wing  to  accommodate  the  Keeper,  the 


43 

guard,  the  necessary  apparatus  for  cooking,  and  con?c- 
nient  rooms  for  a  Chapel  and  Hospital. 

The  shops  for  working  will  be  arranged  in  the  yard, 
as  at  Auburn,  and  in  such  a  manner  as  to  give  the 
Keepers  a  complete  command  of  their  men.  With  a 
prison  thus  constructed,  and  a  discipline  such  as  we 
have  recommended,  there  can  be  no  doubt,  but  that 
the  results  will  be  as  favourable,  as  we  have  any  rea- 
son to  expect,  making  due  allowance  for  the  general 
character  of  those  upon  whom  the  system  is  intended 
to  operate. 

With  a  view  of  showing  what  has  been  the  opinion 
of  some  of  our  most  respectable  and  intelligent  citi- 
zens, as  to  the  early  operation,  and  the  cause  of  failure 
of  the  penitentiary  system  in  this  country,  I  will  trou- 
ble you  with  a  few  extracts  from  the  letters  of  these 
gentlemen,  wrote  some  five  or  six  years  since. 

The  Hon.  Joseph  Hopkinson,  in  a  letter  to  the  society 
for  the  prevention  of  pauperism,  (see  a  report  published 
in  1822)  says, — "  hrom  the  first  experiment  of  the 
system  in  Pennsylvania,  I  have  feared,  that  leaving  one 
extreme,  we  should  pass  to  another,  inadequate  to  pro- 
duce the  proper  and  salutary  effect  intended — the  safety 
of  society.  The  experience  of  thirty  years  has  confirmed, 
in  my  mind,  these  apprehensions,  and  satisfied  me  that 
we  have  vibrated  too  far  on  the  side  of  lenity^  and  that 
some  change  is  necessary  for  security  against  the  per- 
petration of  crimes."  "  Has  the  penitentiary  s)'stem 
failed  to  answer  the  ends  of  its  institution ;  and  if  so, 
to  what  is  the  failure  to  be  attributed  ?  1  think  it  has 
failed  in  some  important  particulars ;  it  has  certainly 
the  merit  of  humanitj,  but  it  has  failed  either  to  reform 
the  convicts,  or  prevent  crimes.  We  all  remember  that 
the  orifiinal  friends  and  advocates  of  the  system,  enter- 
tained  Mgk  hopes  oj  effecting  the  reformation  of  offend- 


44 

ers,  by  its  mildness  and  discipline.  I  presume  this  hope 
is  now  abandoned,  as  experience  has  proved  it  to  be 
visionary.  Of  the  thousands  who  have  fallen  under 
the  penitentiary  treatment,  how  many  have  been  re- 
formed ?  Hypocrites  and  pretenders  to  reform,  have 
been  innumerable  ;  who  have  played  their  tricks  upon 
credulous  inspectors ;  obtained  their  liberty,  and  returned 
to  their  old  vocation.  Another  cause  of  failure  may  be 
found  in  the  excess  of  lenity  and  indulgence  shewn  to 
convicts^  in  the  manner  of  the  execution  of  the  sentence 
of  the  law ;  making  their  condition  in  sickness  and  in 
health,  more  tolerable  and  comfortable  than  nine  tenths 
of  the  honest  labouring  poor.  The  least  pretence  of 
sickness  is  an  excuse  from  labour ;  and  the  work  done 
by  a  convict  is,  at  no  time,  much  more  than  half  of 
what  a  common  labourer  would  perform. 

"  A  third  cause  of  failure,  at  least  in  Pennsylvania,  is 
the  large  and  unnecessary  power  given  to  Inspectors. 
The  Inspectors  are  generally  men  of  high  respectability ; 
but  their  humanity,  and  sometimes  their  caprice,  ren- 
der them  liable  to  very  gross  impositions,  by  the  arti- 
fice of  those  with  whom  they  have  to  deal.  They  are 
thus  too  frequently  led  to  interlere  with  the  strict  and 
due  execution  of  the  law  ;  sometimes  by  particular  fa- 
vour to  individuals,  but  most  of  all  by  their  recommen- 
dations to  pardon,  founded  merely  on  the  apparent  or 
assumed  repentance  of  the  criminal^  or  what  is  called 
his  good  behaviour  in  jaiV 

You  will  perceive  sir,  from  the  foregoing  extracts, 
that  I  am  not  alone  in  the  opinion,  that  the  reformatory 
])lan,  or  the  system  of  attention,  kindness,  and  forbear- 
ance, has  failed,  and  will  fail,  wherever,  or  whenever 
it  is  put  in  operation.  Mr.  Hopkinson  tells  us,  that  his 
fears  of  its  failure  has  been  fully  realized  ;  that  although 
it  is  based  on  humanity,    it  has  nevertheless  failed, 


45 

either  to  reform  the  criminal,  or  prevent  a  repetition  of 
crime  ;  that  h}pocrites  and  pretenders  have  been  innu- 
merable, \\  ho  have  imposed  upon  the  credulity  of  In- 
spectors ;  have  obtained  their  liberty,  and  shortly  after 
returned  to  their  old  vocation.  All  this  he  attributes  to 
the  excess  of  lenity  and  indulgence  shown  to  the  con- 
victSy  and  the  extended  power  given  the  Inspectors  to 
interfere  with  the  execution  of  the  sentence,  by  relax- 
ing the  discipline  and  showing  particular  favours  to 
those  who  are  said  to  behave  well,  &c.  In  another 
part  of  his  letter,  he  accounts  for  the  increase  of 
crime,  previous  to  1790,  the  date  when  the  system 
was  introduced  in  Pennsylvania,  on  the  score  of 
the  disbanding  of  the  revolutionary  army,  and  the 
poverty  of  the  country.  And  for  their  diminution  after 
that  period,  to  the  adoption  of  the  federal  constitution, 
and  the  wars  in  Europe,  which  brought  to  this  country 
a  large  accession  of  wealth  and  business,  and  not  to  the 
operation  of  the  penitentiar) ,  as  you  have  supposed. 

Another  gentleman,  William  Rawle,  Esq.  states, 
"  That  the  system  has  not  yet,  with  us,  fully  succeeded, 
in  practice,  is  not  denied.  A  sincere  reformation  of 
the  offender  has  seldom  been  produced,  and  even  if  it 
exists  is  seldom  believed." 

A  letter  from  M.  Sheldon,  Esq.  the  Keeper  of  the  Con- 
necticut prison  states,  that  "  I'he  effect  of  imprisonment 
on  morals  and  manners,  as  far  as  has  come  within  the 
knowledge  of  the  overseers,  has  been  good.  In  several 
instances  those  who  have  suffered  the  punishment  of 
Newgate  imprisonment,  for  their  crimes,  have  turned 
to  a  better  course  of  life,  and  by  their  regular  conduct 
and  conversation,  have  evinced  a  reformation,  and  be- 
come industrious  and  useful  citizens." 

This  prison  was  formed  from  the  excavation  of  the 
copper  mines  in  Simsbury,  Connecticut.     It  is  entirely 


46 

under  ground,  about  100  feet  long,  and  varying  in  width 
from  10  to  50  feet.  Here  the  convicts  ;jr<  lodged  at 
night,  and  in  the  day,  they  are  kept  at  labour  in  work- 
shops above  ground  ;  and,  under  the  watchful  eve  of 
their  keepers  and  guard,  are  subjected  to  a  strict  course 
of  discipline.  The  consequence  of  this  discipline,  to- 
gether with  the  construction  of  the  prison,  has  been  the 
means  of  reforming  many  who  have  been  doomed  to  its 
punishment ;  and  as  a  further  proof  of  the  good  effects 
of  the  system  pursued  there,  it  has  been  observed,  that 
it  is  a  rare  occurrence  for  a  person  once  imprisoned,  to 
be  returned  on  a  second  offence,  in  corroboration  of 
this  fact,  I  beg  leave  to  quote  from  the  "  Interior  View 
of  the  New- York  Prison''  by  a  convict,  the  following: 
He  says,  "  There  are  many  convicts  in  this  prison  who 
have  been  confined  in  a  similar  prison,  in  the  eastern 
and  southern  states.  Some  of  them  within  the  last 
few  years,  have  served  out  and  been  pardoned  from 
several  lengthy  sentences,  in  Charleston,  Windsor, 
Trenton,  Philadelphia^  Baltimore,  and  Richmond  pri- 
sons ;  but  it  is  a  singular  fact,  that  during  three  years 
of  close  and  curious  observation,  1  never  knew  but  one 
convict  in  this  prison,  who  was  generally  recognized  as 
an  ex-incumbent,  of  the  mines  of  Connecticut." 

The  rules  of  this  prison  are  precise,  and  strictly 
enforced  ;  for  a  violation  of  them  by  the  convicts,  they 
may  be  punished  by  constant  confinement  in  the  caverns, 
by  a  reduction  of  their  allowance  of  provisions,  or  by 
whipping,  not  exceeding  ten  stripes.  These  mines 
were  constituted  a  state  prison  in  1 790,  and  has,  perhaps, 
answered  the  purposes  of  a  penitentiary,  more  effectually 
than  any  other  similar  establishment  in  this  country, 
except  the  recent  establishment  at  Auburn.  The  fol- 
lowing is  extracted  from  a  letter  written  by  the  Hon. 
James  Gold. 


47 

"  It  is  confessedly  most  desirable,  that  the  sanctions  of 
criminal  law  should  be  made  to  operate  as  a  means  of 
reformings  offenders.  Whether  such  a  system  may  be 
practicable,  or  not,  is  to  be  ultimately  ascertained  by  the 
results  of  experiment,  if  at  all.  And  u  hether  the  ex- 
periment has  or  has  not  been  fully  and  fairly  made 
already,  I  am  ill  qualified  to  judge.  I  am  very  appre- 
hensive, however,  that  it  never  can  be  rendered  success- 
ful to  any  considerable  extent.  Among  convicts,  the 
average  number  of  subjects,  upon  whom  the  ordinary 
and  proper  motives  of  reformation  would  be  likely  to 
exert  any  salutary  and  permanent  influence,  will  always, 
I  suspect,  be  comparatively  very  small.  I  have  not 
known  an  instance  in  which  it  could  be  said  with  cer- 
tainty, or  with  reasonable  confidence,  that  reformation 
had  been  produced  by  any  punishment,  severe  or  miid, 
and  the  impediments  to  success  in  such  a  plan  for 
reforming  offenders,  are  in  my  view,  so  numerous  and 
so  formidable,  that  I  entertain  but  little  hope  of  its 
proving  effectual.  Indeed,  however  revolting  to  a 
humane  mind  the  conclusion  may  and  must  be,  I  am 
constrained  to  say,  that  the  present  penitentiary  system 
must,  I  fear,  at  no  distant  period,  be  abandoned,  and  a 
severer  criminal  code  adopted  in  its  stead." 

These  are  the  opinions  of  a  gentleman  of  high  at- 
tainments, and  great  respectability,  and  although  they 
are  at  war  with  all  our  views,  they  are  nevertheless  en- 
titled to  due  consideration.  Mr.  Gold's  letter  was  wrote 
in  October,  1 820,  when  the  old  system  was  in  opera- 
tion in  all  the  then  penitentiaries  in  the  United  States, 
and  the  results,  up  to  that  time,  had  been  so  unfavoura- 
ble, that  it  is  not  to  be  wondered  at,  if  he,  and  many 
others,  were  in  despair  as  to  its  beneficial  effects.  But 
now,  that  the  improved  system  recommended  by  the 
Commissioners,  has  had  a  fair  trial  at  the  Auburn 


48 

J)rison,  and  the  results,  as  heretofore  shown,  has  proved 
BO  salutary,  not  only  in  the  reformation  of  the  offender, 
but  in  preventing  the  repetition  of  crime.  1  have  everj 
reason  to  believe,  that  were  Mr.  Gold  now  to  give  his 
opinion,  it  would  be  in  favour  of  a  continuation,  and 
not  an  abandonment  of  our  penitentiaries. 

D.  Raymond,  Esq.  of  Baltiiiiore,  observes,  "The 
ends,  or  object  of  the  penitentiary  system  of  punishment, 
I  understand  to  be  the  prevention  of  crimes  and  the  re- 
formation of  criminals.  There  can  be  but  little  doubt, 
that  the  system  has  utterly  failed,  both  to  prevent 
crimes  and  to  reform  criminals.  Of  this  every  peni- 
tentiary in  the  country  affords  lamentable  proof.  A 
penitentiary  will  never  answer  the  objects  of  its  estab- 
lishment, until  it  is  made  a  place  of  real  punishment  to 
those  who  are  sentenced  to  confinement  in  it,  and  it  is 
but  a  mockery  of  justice,  to  shut  up  those  criminals  in 
penitentiaries,  for  whom  they  have  no  terrors,  and  who 
in  reality  enjoy  as  much  happiness  while  undergoing 
this  pretended  punishment,  as  they  are  accustomed  to 
enjoy,  when  they  are  at  large  in  the  world." 

William  Newbold  of  New-Jersey,  observes,  "  The 
penitentiary  system  has  failed  to  answer  the  ends  of  its 
institution,  and  this  failure  may  be  attributed,  both  to  a 
defect  in  the  legal  provisions,  and  to  the  internal  police 
of  the  establishment.^^ 

I  will  trouble  you  with  but  one  proof  more,  although 
I  might  add  many  ;  and  that  is  derived  from  a  person 
whose  evidence  ought  to  be  conclusive  on  the  subject. 
It  is  contained  in  a  letter,  dated,  Virginia  Penitentiary, 
11th  month,  14th,  1820,  from  Samuel  P.  Parsons,  then 
an  officer  of  that  establishment.  He  enforces  the  ne- 
nessity  of  making  our  penitentiaries  places  "  to  punish 
the  guilty  and  render  them  better."  The  importance 
of  having  a  man  at  the  head  of  the  institution  properly 


49 

qualified)  and  who  "  should  be  responsible  for  the  whole 
government^''  is  strongly  insisted  on  ;  and  who  ought 
to  have  power  to  form  all  rules  and  regulations  for  the 
government  of  the  interior,  and  for  appointing  of  the 
officers,  subject  to  the  negative  of  the  Board  of  Inspec- 
tors. He  then  sums  up  as  follows  :  "  The  penitentiary 
system  has  measurably  fai'ed  to  answer  the  ends  ol  its 
institution,  and  the  causes  are  attributed  to  various  de- 
fects, viz.  The  pernicious  practice  of  frequent  pardons ; 
a  sickly  sympathy  extended  to  those  professing  rejorma-^ 
iion,  under  a  cloak  of  religion  ;  a  deficiency  in  the  quali- 
fication of  officers,  who  are  not  ciothed  with  sufficient 
power  to  suppress  all  disorderly  conduct  in  the  con- 
Ticts  5  the  want  of  a  proper  head  to  direct  its  move- 
ments ;  too  great  intercourse  out  of  wanton  curiosity 
into  the  prison  ;  too  many  are  lodged  in  a  room,  and 
the  confinement  is  not  sufficiently  solitary." 

Some  of  the  gentlemen,  whose  opinions  have  been 
quoted,  admit,  that  one  of  the  causes  of  failure  was  the 
crowding  too  many  convicts  in  one  room,  without  any 
attempt  made  by  the  officers,  to  form  the  prisoners  in 
classes ;  and  by  that  means,  to  separate  the  old  and 
hardened  offi?nder  from  the  young  and  inexperienced. 
But,  you  will  please  observe,  sir,  that  this  is  not  the  only 
cause,  nor  is  it  the  prhicipal  one,  as  I  think  I  have 
shown  you,  at  least,  upon  as  "  irrefragable  evidence," 
as  you  have  produced. 

I  have  not  attempted  to  deny  the  fact,  and  therefore, 
you  need  not  have  made  the  quotation  from  our  report ; 
that  as  long  as  it  is  necessary  to  confine  (indiscriminately) 
a  number  of  prisoners  in  the  same  room,  our  state  pri- 
sons can  be  no  other  than  a  college  of  vice  and  criminality. 
The  defects  of  construction  in  all  our  prisons,  except 
that  at  Auburn,  and  the  one  now  building  at  Mount- 
Pleasant,  is,  that  the  rooms  are  too  large  and  too  few. 

7 


50 

They  are  calculated  generally,  to  lodgje  from  eighf  to 
twelve  persons,  and  thus  to  form  a  pernicious  conjire- 
gation,  unless  due  care  is  taken  to  prevent  it,  by  those 
having  the  control  and  management  of  the  institution. 
I  have,  therefore,  always  been  willing  to  make  due 
allowance  for  the  aw^kward  construction  of  our  prisons; 
but,  must  nevertheless  insist,  after  admitting  this  disad- 
vantage, that  a  more  correct  and  severer  discipline  might 
have  been  established,  which  would  have  resulted  ben- 
eficially to  the  criminal,  and  satisfactory  to  the  commu- 
nity. If  the  officers  of  these  insitutions  had  adopted 
the  proper  measures  for  ascertaining  the  character  and 
disposition  of  the  convicts,  on,  or  before  their  entrance 
into  the  prison,  and  acting  on  such  information,  had 
separated  the  hardened  offender  from  those  of  a  less 
vicious  character,  we  should  not  have  had  so  much 
reason  to  complain  of  our  penitentiaries  becoming  sem- 
inaries of  vice.  And  had  this  been  followed  up  by  a 
prohibition  of  all  conversation  among  the  convicts,  both 
by  day  and  by  night;  decent  behaviour  and  regular 
habits ;  a  strict  decorum  and  order  in  all  their  move- 
ments, in  going  to  their  labour  in  the  morning,  to  their 
several  meals  through  the  day,  and  to  their  rooms  at 
night,  the  penitentiary  system  would  not  have  been 
despaired  of,  as  it  has  been  by  so  many  of  the  well- 
informed  and  benevolent,  both  in  this  country  and 
Europe. 

TliJit  this  might  have  been  effected,  is  evident,  from 
the  following  fact.  The  prison  now  erecting  at  Mount 
Pleasant,  under  the  superintendance  of  Klam  Lynds, 
Esq.  the  former  agent  and  principal  keeper  of  that  at 
Auburn,  is  building  altogether  by  the  labour  of  convicts. 
There  arc  no  mechanics  employed,  except  one  Mason, 
one  Blacksmith,  and  one  Carpenter,  and  they  act  as 
keepers,  as  well  as  instructers  to  the  convicts  in  the 


51 

several  branches  of  building.  When  this  structure  was 
to  bv  commenced,  one  hundred  convicts  were  trans- 
ported from  the  Auburn  prison  to  the  site  of  the  new  pri- 
son iat  Mount  Pleasant.  Here  there  was  n< >  place  to  con- 
line  them  ;  but,  immediately  on  their  arrival,  the_y  were 
employed  in  building  a  barrack,  for  which  boards  and 
scantling  had  been  previously  provided.  This  building 
was  about  100  feet  long,  by  30  feet  in  width,  and  was 
constructed  of  one  inch  boards,  nailed  to  4  by  4  joist. 
It  was  all  complete  on  the  evening  of  arrival,  and  the 
convicts  were  safely  lodged  in  it,  and  the  next  morning, 
they  commenced  the  operation  of  quarrying  stone. — 
These  men  were  not  selected  for  their  docility  of  charac- 
ter, or  mildness  of  disposition,  but  for  their  hardiness 
and  health,  and  some  of  them  for  their  knowledge  of 
masonry,  as  they  had  assisted  in  building  the  prison  at 
Auburn.  In  this  slight  fabric,  the  sides  of  which,  either 
of  the  convicts  might  have  kicked  out  with  his  foot, 
were  these  one  hundred  men,  many  of  them  of  the  most 
daring  and  resolute  character,  confined  during  the  night, 
for  seven  months  of  the  first  year  ;  during  which  time, 
only  two  attempts  were  made  to  escape,  by  any  of 
them ;  and  at  the  setting  in  of  the  winter,  they  had  so 
far  completed  one  part  of  the  prison,  as  to  admit  of 
being  comfortably  lodged,  two  in  a  cell,  for  the  remain- 
der of  the  year.  This  proves,  sir,  that  by  a  wholesome 
discipline,  the  most  turbulent  spirits,  may  be  brought  to 
a  state  of  order  and  regularity  ;  and  that,  the  construc- 
tion of  our  prisons,  is  not  the  sole  cause  of  the  injurious 
effects  of  the  penitentiary  system,  under  the  old  (irder 
of  things. 

You  have  been  very  severe  upon  the  Prison  Disci- 
pline Society  of  Boston,  because  in  their  report,  they 
state,  that  as  soon  as  the  evils  existing  in  our  penitenti- 
aries are  known,  the  proper  authorities  have  applied 


o2 

themselves  to  correct  them ;  and  to  prove  this  untrue,  you 
quote  from  the  report  of  commissioners,  appointed  by  the 
Massachusetts  Legislature ;  stating,  that  in  some  of  the 
rooms  of  the  prison  at  Charleston,  /our,  and  in  others, 
eight  of  the  convicts  are  lodged  at  night,  without  an 
inspector;  and  recommending  two  additional  buildings 
with  cells,  for  the  punishment  of  the  disorderly,  &c. 
You  then  show,  by  the  report  of  a  committee  to  whom 
the  subject  had  been  referred,  that  this  extension  of 
buildings  was  not  agreed  to,  because,  as  the  committee 
say,  to  extend  the  institution  in  this  manner,  would  make 
it  extremely  unwieldly  and  unmanageable,  Stc. 

Notwithstanding  you  have  endeavoured  to  throw  the 
whole  odium  of  the  failure  of  the  system  upon  the  con- 
stituted authorities  of  the  states,  1  think  there  are  some 
palliating  circumstances  connected  with  the  subject, 
which  ought  to  exonerate  them  in  some  degree  from 
blame. 

The  Massachusetts  State  Prison  is  a  large  and  ex- 
tensive establishment.  The  main  building  is  200  feet 
long  by  44  feet  wide.  About  5  acres  of  ground  are 
enclosed  by  a  wall,  within  which  is  a  work-shop,  121 
feet  long,  and  25  feet  wide,  two  stories  high.  This 
must  have  cost  the  State  several  hundred  thousand  dol- 
lars. The  main  building  contains  90  cells,  or  lodging 
rooms,  besides  the  necessary  accommodations  for  Keep- 
ers, Inspectors,  Hospital,  Kitchen,  and  Chapel. 

The  last  report  in  my  possession  is  for  1823,  when 
the  total  number  of  convicts  in  the  prison,  was  308, 
and  we  have  no  reason  to  conclude,  that  the  number 
was  greater  in  1817.  Indeed,  the  Committee,  accord- 
ing to  your  quotations,  make  the  number  but  300.  This 
would  be  about  three  and  one-third  for  each  room- 
Now,  if  you  have  doubted  the  truth  of  the  statement 
made  by  the  Boston  Society  for  the  improvement  of 


53 

prison  discipline,  what  shall  we  say  to  the  assertion  of 
these  Commissioners,   *^  that  300  persons  should  be 
found  living  promiscuously  tog:ether,   in  some  of  the 
rooms  Jour ^  and  in  others  eight  f"     One  of  two  things 
must  be  true,  either  the  Commissioners  did  not  make  a 
fair  representation,  or  the  governors  of  the  institution 
was  guilty  of  reprehensible  neglect.     It  is  customary 
in  all  our  penitentiaries,  I  believe,  to  select  a  number 
of  the  convicts,  who  are  found  trusi-wortby,  as  menials 
to  perform  the  cooking,  washing,  sweeping,  &c. ;  this 
would  probably  reduce  the  number  to  three  for  each 
ceil;  and  can  it  be  said,  that  with  any  thing  like  pro» 
per  and  necessary  discipline,  and  such  ample  accom- 
modations for  classification,  this  prison  could  not  be 
governed  without  producing  the  evils  named  by  the 
Commissioners  ;  such  as  conspiracies,  turbulence,  and 
attempts  by  the  convicts  to  force  their  way  over  the 
wall  ?    It  is  to  me  incredible,  and  I  can  only  attribute 
the  state  of  things  described  by  the  Commissioners,  to 
a  total  disregard  of  discipline,  assisted  by  the  strange 
opinion,  that  such  men  as  convicts  generally  are,  can 
be  governed  by  kindness^  forbearance^  and  moderation. 
May  not  the  Committee  of  the  Massachusetts  t-egis- 
lature,  to  whom  this  report  of  the  Commissioners  was 
referred,  and  who,  no  doubt,  examined  the  subject  for 
themselves,  as  they  did  not  report  until  1818,  have  taken 
the  same  view  of  the  matter  that  I  have  ?    The  report 
of  the  Judges,  to  whom  the  subject  was  referred  in 
1819,  only  goes  to  confirm  the  opinion  of  the  Commit- 
tee who  went  before  them  ;  and  on  that  part  of  their 
report,  respecting  "  the  exposing  the  young  and  less 
hardened  criminals,  to  the  contagion,  which  cannot  but 
exist,  in  the  society  of  the  most  abandoned  and  profli« 
gate."     I  have  only  to  observe,  that  there  was  no  ne- 
cessity for  such  exposure  in  a  prison  possessing  the  ac- 


54 

Commodations  which  that  did  ;  and  the  permitting  of 
it,  by  the  officers  of  the  prison,  ought  to  have  been  the 
cause  nf  their  immediate  dismissal. 

The  Philadelphia  penitentiary,  is  an  extensive  estab- 
lishment also.  It  is  190  feet  front  v\  ith  wings  on  each 
end  of  95  feet  each,  making  the  whole  building  380 
feet  m  length  by  40  feet  in  breadth.  In  iuidition,  there 
is  a  building  exclusively  appropriated  for  females,  of  55 
feet  in  length  by  45  in  breadth,  and  another  containing 
cells  for  solitary  confinement,  1 80  feet  in  length,  by  70 
feet  in  breadth,  together  with  accommodations  for  ex- 
tensive work-shops,  Inspectors'  rooms,  Keepers'  dwell- 
ing, &c.  &c.  The  sleeping  rooms  are  entirely  too  large, 
being  about  18  by  t^O  feet  each,  and  there  are  only  16 
cells  for  solitary  confinement.  With  all  these  disad- 
vantages however,  I  am  of  opinion,  that  a  great  im- 
provement in  the  conduct  of  the  convicts  might  be  ef- 
fected, even  in  this  prison,  with  proper  discipline,  and 
such  classification  of  the  prisoners,  as  the  construction 
of  the  prison  would  admit. 

I  am  convinced,  from  actual  observation,  that  nine 
times  out  of  ten,  the  evils  of  the  system  must  be  attri- 
buted to  bad  management.  Sometimes  the  clashing 
opinions  of  the  governors,  prevent  the  salutary  effects 
of  discipline,  and  the  authority  of  the  Keepers  is  frit- 
ted down  to  nothing ;  at  others  the  Keepers  are  not 
sufficiently  energetic,  and  prefer  indulging  themselves 
in  ease  and  sloth  rather  than  exercising  their  faculties 
of  mind  and  body,  in  a  strict  and  rigid  performance  of 
duty.  In  most  of  our  penitentiaries,  the  responsibility 
is  not  sufficiently  individual,  and  is  shared  among  so 
many  persons,  that  it  cannot  be  made  to  rest  upon  any 
one.  Thus  the  Board  of  Inspectors  for  the  Philadel- 
phia prison  consists  of  fourteen  persons,  besides  the 
Keepers  and  other  officers  of  the  establishment ;  in  ad* 


55 

dition  to  which,  there  is  a  Committee  from  the  Society 
for  assisting  distressed  prisoners,  and  another  froni  the 
Society  for  the  gradual  abolition  of  slavery,  who  have 
free  access  to  the  prison,  at  all  times.  It  would  be  folly 
to  expect,  that  among  such  a  multitude  of  persons, 
there  should  be  an  agreement  in  opinion  upon  all  points, 
or  that  there  should  be  any  but  a  shifting  responsibility, 
for  mismanagement,  relaxation  of  discipline,  or  neglect 
of  duty.  Some  of  the  rules,  or  usages,  at  this  prison, 
are  worthy  of  notice.  We  are  told,  that  the  work  shops 
are  so  divided,  that  about  seven  convicts  work  in  each, 
and  that  one  of  these  convicts  is  appointed  as  (»verseer 
of  the  others,  whose  duty  it  is,  to  notice  all  offences  of 
his  shop-mates,  and  report  them  to  the  Keeper,  (see 
Rees'  Cyclopaedia,  American  edition,  title  Penitentiary.) 
Thus,  in  a  prison,  confessedly  containing  the  most 
desperate  and  abandoned  part  of  the  community,  it  is 
expected,  that  one  convict  shall  inform  against  his  as- 
sociate, and  by  that  means,  bring  upon  him  the  punish- 
ment of  solitary  confinement,  with  a  diet  of  bread  and 
water.  In  our  report,  page  17,  we  have  illustrated  the 
fact,  that  a  convict  who  should  inform  of  another,  does 
it  at  the  peril  of  his  life.  In  one  case,  merely  from  an 
opinion  among  the  convicts,  that  one  of  their  number 
had  given  some  information  against  them,  an  attempt 
was  made  to  take  his  life.  He  was  dangerously  stab- 
bed, and  it  was  with  some  difficulty  that  he  was  rescued 
by  the  Keepers.  In  another,  the  Commissioners  wished 
to  obtain  some  information  from  a  convict  who  pos- 
sessed it ;  but,  it  was  observed  by  the  Keeper,  that  it 
would  endanger  the  safety  of  the  convict,  to  call  him 
away  from  his  work,  without  making  a  plausible  pre- 
text for  it !  This  was  done,  and  the  convict  conveyed 
to  a  private  room,  where  due  care  was  taken,  that  he 
ivas  not  seen  in  the  presence  of  the  Commissioners. 


56 

These  facts,  with  many  others  brought  to  view  by  out 
feport,  n""ver  appear  by  the  annual  exhibit  of  Inspectors ; 
or  if  they  do,  I  have  never  been  so  fortunate  as  to 
see  them  ;  and  in  my  opinion,  you  would  have  done 
well  to  have  omitted  your  reproach,  that  1  "attempted 
to  throw  di<!r'-'*dit  on  the  reports  of  Inspectors,"  as  the 
displeasure  of  chese  gbniHeoien  has  been  sufficiency 
expressed  already,  and  it  was  not  necessary  therefore, 
that  you  should  attempt  to  ex<  ite  them  to  a  renewal  of  it. 

In  the  prison  alluded  to,  where  this  audacious  spirit 
was  manifested,  there  were  Nineteen  Keepers,  whose 
annual  pay  amounted  to  j^l 2,000,  and  Twenty  Guards^ 
well  armed  and  accoutred,  whose  annual  pay  for  servi- 
ces only,  amounted  to  ;$f4,000.  Is  it  to  be  credited, 
therefore,  that  in  a  prison,  which  (although  there  have 
been  several  insurrections  within  its  walls)  has  never 
been  forced,  and  with  a  guard  of  thirty -nine  able  bodied 
men,  no  better  discipline  could  be  enforced,  than  what 
would  admit  of  the  timid  policy  I  have  noticed  ? 

I  will  take  the  liberty  of  noticing  another  of  the  rules 
or  usages  in  the  Philadelphia  penitentiary.  At  sun- 
down, it  is  said,  the  convicts  retire  to  their  rooms,  and 
from  that  time  until  nine  o'clock,  they  are  allowed  to 
amuse  themselves ;  after  which,  they  must  not  converse 
loud,  or  make  a  noise  In  the  winter,  therefore,  they 
are  allowed  at  least,  four  hours  for  amusement^  and  as 
they  are  not  allowed  to  converse  aloud,  or  make  a 
noise,  after  nine  o'clock,  it  is  presumed  that,  before  that 
hour,  they  may  make  as  much  noise  as  they  please.-— 
These  are  indulgences  which  are  destructive  of  all  dis- 
cipline, and  it  is  owing,  in  a  much  greater  degree,  to 
the  granting  of  these  inexpedient  and  unnecessary 
privileges  to  criminals,  that  the  evils  growing  out  of  the 
system  and  so  loudly  complained  of  exist,  than  to  the  con* 
struction  of  the  prisons,  or  as  you  say,  the  want  of  room. 


57 

It  is  in  my  opinion  then,  not  entirely  out  of  the  reach 
of  possibility,  that  the  members  of  the  Lejjislature,  u  ho 
may  have  visited  the  Philadelphia  prison,  observing  the 
want  of  discipline ;  the  comfortable  situation  of  the 
criminals ;  the  privileges  extended  to  them ;  the  mild 
and  gentle  bearing  of  the  keepers  towards  them,  and 
the  paucity  of  the  benefits  to  the  public ;  having  ob- 
served all  this,  and  more,  they  may  have  concluded, 
that  it  vi^ould  be  an  imposition  on  their  constituents,  to 
tax  them  for  the  extension  of  an  establishment,  on  the 
representation  of  persons  too,  who  had  been  disappoint- 
ed in  their  sanguine  expectations  of  reforming  these 
subjects,  and  when  so  little  benefit  had  been  elicited, 
and  so  much  money  had  already  been  expended  for 
the  object. 

It  may  be  too,  that  the  expenditure  of  the  mone}-^, 
granted  from  time  to  time  by  the  state,  had  not  been 
managed  with  that  economy  and  usefulness,  which  the 
nature  of  the  case  demanded.  I  find,  by  a  report  to 
the  senate  of  Pennsylvania,  on  the  27th  of  January, 
1821,  that  on  the  2d  of  April,  1803,  the  Legislature, 
on  the  representation  of  the  inspectors,  that  the  number 
of  convicts  had  become  too  great  for  the  means  of  ac- 
commodation, appropriated  an  amount  equal  to 
^105,000,  to  be  applied  to  the  building  of  a  new  prison, 
for  the  use  of  the  city  and  county  of  Philadelphia.  This 
was  a  liberal  appropriation,  and  in  the  hands  of  a  pri- 
vate person,  would  have  built  a  prison  sufficiently 
extensive  and  secure,  to  have  accommodated  three  or 
four  hundred  convicts  with  shigle  cells  lor  each ;  but 
like  most  public  matters,  the  business  was  badly  man- 
aged, and  the  directors,  very  imprudently,  commenced 
a  building,  which,  on  account  of  omitting  to  count  the 
cost,  they  were  unable  to  finish.    "  The  plan  u  pon  which 

8 


58 

it  is  constructed,  (says  the  report)  renders  it  wholly 
unfit  for  a  state  prison ;  and  even  were  it  entirely  fin- 
ished, it  never  could  be  occupied  but  as  a  common 
county  goal,  for  the  confinement  of  untried  prisonerSj 
vagrants,  and  offenders  convicted  of  petty  offences." 

From  this  you  will  see,  sir,  that  you  have  been  rather 
too  positive  in  your  assertion,  that  no  attention  has  been 
paid  to  the  calls  upon  the  constituted  authorities  ''^for 
want  of  roomf'*  and  you  will  also  see,  what  a  want 
of  foresight  and  knowledge  there  was,  in  the  expendi- 
ture of  this  large  sum  of  money. 

I  am  led  to  believe,  also,  that  there  is  a  great  want  of 
that  experimental  knowledge,  so  necessary  in  matters 
of  this  nature,  displayed  in  the  construction  of  the  new 
prison,  now  building  in  Philadelphia.  It  is  calculated 
for  300  cells,  or  rooms,  to  be  sufficiently  large  to  admit 
a  loom  for  weaving,  or  other  working  apparatus ;  and 
the  convicts  are  to  be  confined  to  labour  and  solitude. 
The  cost  of  this  building  will  be  twice  the  amount  of 
that  now  erecting  by  this  state,  at  Mount-Pleasant,  and 
will  not  accommodate  half  the  number  of  men  ;  and  if 
it  does  not,  after  all,  fail  in  the  objects  contemplated, 
I  shall  be  very  happy  in  acknowledging,  that  I  have 
taken  an  erroneous  view  of  the  subject. 

You  have  quoted  from  a  first  report,  made  in  the  year 
1791,  of  the  inspectors  of  the  state  prison  at  Philadel- 
phia, that  "  There  have  been  but  two  instances  of  bur- 
glaries in  the  city  and  county,  for  near  two  years." 
This  is  strange,  particularly  so.  when  you  had  before 
you  the  tables  furnished  by  Mr.  Vaux,  of  those  convict- 
ed, sentenced  and  brought  into  the  penitentiary,  from 
1787  to  \^'2S  inclusive.  Two  years  previous  to  1791, 
will  bring- us  back  to  1789,  and  agreeably  to  those 
tables,  there  were  convicted  of  burglary,  (wenti/'hvo ; 


59 

in  1790,  for  the  same  offence,  Jive ;  and  in  llOl,  four. 
I  make  no  comment  on  this,  however,  as  the  error  musi 
laj  with  the  inspectors,  Mr.  Vaux,  or  yourself. 

That  the  penitentiaries  in  this  country,  on  their  first 
establishment  completely  answered  the  purpose  for  which 
they  were  intended,  I  am  neither  willing  to  admit, 
or  deny,  for  I  have  no  data  in  my  possession,  by  which 
to  form  a  conclusive  opinion  on  either  side  of  the  ques- 
tion. There  is  one  fact  however,  worthy  of  remark, 
and  which  may  have  tended  to  produce  a  more  favour- 
able impression,  than  what  was  precisely  correct,  rela- 
tive to  the  effects  of  the  system  for  the  first  few  years 
after  its  establishment.  It  is  this :  the  abstraction  of 
criminals  J  or  the  loithdi  awal  of  them  from  the  mass  of 
community.  In  this  State,  no  sentence  to  the  State 
Prison  is  for  a  less  term  than  three  years.  For  the 
first  few  years  therefore,  those  convicted  and  senten- 
ced for  this,  or  a  longer  term,  could  not  have  been  re- 
turned upon  the  community,  except  by  pardon  ;  and  it 
is  presumed,  that  this  power  was  more  sparingly  exer- 
cised in  those  days,  than  at  the  present  time.  Crimes 
would  naturally  decrease,  therefore,  by  the  abstraction 
of  the  criminals.  Previous  to  the  revision  of  the  penal 
code  also,  there  were  numerous  crimes  of  a  minor  grade, 
which  was  punished  by  whipping,  branding,  cropping 
of  the  ear,  labour  vi'ith  a  wheel-barrow  and  chain,  on 
the  highway,  &c.  These  criminals,  after  punishment 
and  exposure,  were  turned  loose  on  the  community,  and 
again  left  to  depredate  on  society.  By  confinement 
however,  these  repeated  depredations  were  prevented, 
and  until  their  longer  term  of  imprisonment  was  com- 
pleted, there  were  no  re-commitments,  of  course.  May 
not  these  circumstances  therefore,  account  in  part,  why 
crime  had  decreased,  and  re-commitments  were  rare. 


60 

for  t^ie  first  few  years  after  the  establiskment  of  our 
penitentiaries  ? 

The  State  Prison  in  this  city  was  opened  for  the 
receipt  of  convicts,  about  the  year  1 797.  I  find  by  my 
minutes  of  examination,  that  in  1798,  1799  and  1800, 
there  was  no  re-commitments;  but  in  1801  there  were 
re-committed  for  a  second  offence,  twenty-three ;  and 
in  1802,  there  were  forty-four  re-committed  for  a  second 
offence,  and  two  for  a  third.  In  180S  there  were 
twenty-three  re-committed  for  a  second  offence,  and 
two  for  a  third.  In  1797,  one  escaped,  and  in  1798 
there  were  three  who  escaped  from  prison.  In  1 799, 
eight  escaped;  in  1800,  nine;  in  1801, /zjc;  and  in 
1802,  one  escaped  the  vigilance  of  his  keepers. 

This,  you  will  please  observe,  was  at  a  period  when 
the  "  reformatory  system'''^  was  in  full  operation.  The 
prison  had  only  been  occupied  about  four  years,  when 
twenty-three,  who  had  been  discharged,  probably  by 
pardon,  on  the  recommendation  of  the  Inspectors,  are 
returned  for  a  second  offence  ;  and  during  that  period 
also,  twenty -six  were  allowed  to  escape  from  imprison- 
ment, either  through  the  neglect  of  their  keepers,  or  by 
the  silly  confidence  placed  in  their  professions  of  refor- 
mation, by  the  Inspectors.  There  is  one  fact,  which 
tends  to  demonstrate  the  injudicious  indulgence  granted 
the  convicts,  that  ought  not  to  be  passed  without  notice. 
1  allude  to  the  table  exhibited  in  our  report,  page  11, 
where  it  is  shewn,  that  twenty-three  hundred  and  twen- 
ty-three dollars  had  been  expended  in  about  six  years, 
for  the  purpose  of  supjdying  the  criminals,  then  impris- 
oned, with  the  luxury  of  Tobacco  and  Snuff! !  We 
might  also,  refer  to  the  revolts  which  occurred  in  the 
New-York  prison,  during  the  operation  of  this  lenient 
system ;  the  shedding  of  blood  in  the  attempt  to  quell 
them,  and  the  attempt  to  fire  the  prison,  together  with 


61 

the  actual  burning  of  a  principal  wing  of  the  structure. 
It  was  these  occurrences  which  induced  the  law,  autho- 
rizing the  raising  of  a  company  of  militia  in  the  vicinity 
of  the  prison,  to  be  called  out  in  the  event  of  an  insui- 
rection,  and  not  ihat  the  Commissioners  were  fearful, 
that  under  the  system  of  discipline  recommended  by 
them,  any  such  occurrence  would  happen.  These  are 
facts,  sir,  that  cannot  be  controverted,  and  they  are  not 
calculated  to  strengthen  the  opinion  you  have  attempted 
to  inculcate,  "  That  the  Penitentiaries  of  America,  on 
their  first  establishment,  completely  answered  the  pur- 
poses for  which  they  were  intended." 

The  same  results,  I  apprehend,  would  show  them- 
selves, were  we  in  possession  of  similar  data,  from  the 
other  Penitentiaries  of  the  several  states,  in  which  they 
are  established. 

By  a  statement  published  in  Niles'  Register  for  De- 
cember, 1820,  it  is  shown,  that,  in  1817,  there  were 
451  convicts  in  the  Philadelphia  penitentiary,  and  that 
one  hundred  and  sixty  four  of  them  had  been  more  than 
once  convicted  ;  how  often  cannot  he  ascertained.  It 
would  appear  therefore,  that  no  register  of  repeated  con- 
victions is  kept  at  that  prison  ;  or  if  there  is,  that  the 
Editor  of  the  paper  was  denied  the  inspection  of  it,  or 
did  not  seek  the  information,  or  the  Inspectors  may 
have  deemed  it  prudent  to  withhold  it  from  the  public 
gaze,  who  may  have  construed  it,  as  an  evidence  of 
mefficient  management,  or  laxness  of  discipline. 
>  In  New- Jersey,  of  160  pardoned,  38  have  been  con- 
victed a  second  time,^Mr  a  third,  and  one  a  fourth. 

In  Maryland,  of  37  pardoned,  23  had  been  pardoned 
once  from  the  Boston,  Baltimore,  Philadelphia,  New- 
York,  or  New-Jersey  prisons,  and  14  had  been  par- 
doned twice^  or  thrice^  in  those  States. 

In  granting  pardons,  particularly  those  recommended 


62 

by  the  Inspectors,  the  pardoning  power  must  have  been 
assured,  that  a  reformation  had  been  effected ;  or  at 
least,  that  the  Inspectors  had  reason  to  believe,  from 
the  orderly  and  obedient  behaviour  of  the  convict,  that 
he  would  conduct  himself  with  propriety  after  his  re- 
lease. That  they  have  been  deceived  however,  no  one 
will  doubt,  and  that  too,  in  nearly  all  the  instances  that 
occurred  in  the  early  stages  of  the  system  ;  and  that 
the  system  you  recommend,  will  lead  to  the  same  re- 
sults, if  not  worse,  there  is  but  little  room  in  my  mind 
to  doubt. 

It  may  not  be  improper  here  to  state,  what  I  mean 
by  the  penitentiary  system. 

I  understand  it  to  be  an  alleviation,  or  commutation 
of  the  former  mode  of  punishment  for  criminal  offences. 
Under  this  system,  most  of  the  crimes  formerly  pun- 
ished by  death,  such  as  burglary,  highway  robberyj 
rape,  manslaughter,  counterfeiting,  &c.  ;  and  all  those 
crimes  punished  by  public  whipping,  branding  with  a 
hot  iron,  cropping  of  the  ears,  &c.  in  conformity  with 
the  former  criminal  law,  are  to  be  punished  by  our  law, 
with  imprisonment  at  hard  labour  in  the  State  prison. 

The  objects  of  the  system  1  understand  to  be — First, 
Punishment  for  the  crime  committed.  Second — The 
peace  and  safety  of  community,  by  confining  those,  who 
otherwise  would  depredate  upon  their  property,  or 
jeopardise  their  lives.  Third — The  prevention  of  crime 
by  the  fear  of  detection  and  punishment.  Fourth — 
Compulsive  labour  and  seclusion,  in  order  that  the 
public  may  be  indemnified  for  the  expence  of  main- 
tenance ;  that  habits  of  industry  may  be  inculcated ; 
information  in  mechanical  science  acquired  ;  ability. to 
gain  an  honest  living  obtained  ;  lessons  of  morality  and 
religion  communicated,  and  submission  to  order,  deco- 
rum, and  the  rules  of  the  prison  enforced. 


63 

Your  law  books,  state  it  to  be,  "  Punishment  in  lieu 
of  transportation ;"  and  buildings  are  to  be  erected 
"  for  confining  and  employing  in  hard  labour,  such 
convicts  as  shall  be  ordered  to  imprisonment  and  hard 
labour."  And  the  governor,  "  so  far  as  is  consistent 
with  age,  sex,  health  and  ability,  shall  keep  such  of- 
fender to  labour  of  the  hardest  and  most  servile  kind, 
in  which  drudgery  is  chiefly  required,  and  where  the 
work  is  little  liable  to  be  spoiled  by  ignorance,  neglect, 
or  obstinacy ;  and  where  materials  and  tools  are  not 
easily  stolen  or  embezzled." 

You  too  have  declared,  at  page  88  of  your  observa- 
tions, "  it  is  the  primitive  decree,  that  mankind  should 
eat  their  bread  in  the  sweat  of  their  face,  until  they  re- 
turn unto  the  ground,  and  that  he  that  will  not  work 
shall  not  eat."  And  the  discipline  you  recommend,  is, 
"  regular  habits,  constant  labour,  solitary  confinement 
by  night,  restricted  intercourse  with  his  fellows  by 
day,  submission  to  instruction  and  advice,  decency  and 
correctness  in  speech,  and  a  strict  conformity  to  other 
rules  and  regulations  prescribed  by  his  superiors,  must 
be  his  lot." 

Now  sir,  what  is  it  that  we  require  of  the  convicts 
committed  to  our  prisons,  more  than  you  have  stated 
above  ? 

He  must  labour  constantly  ;  be  separately  confined 
at  night ;  have  no  manner  of  intercourse  with  their  fel- 
lows ;  use  decency  and  correctness  in  speech  to  his 
keepers  ;  be  regular  in  his  habits  ;  conform  to  all  the 
rules  of  the  place  prescribed  by  his  superiors,  and  sub- 
mit to  instruction  and  advice. 

It  appears  to  me,  that  we  only  differ  as  to  the  means 
to  be  used  for  carrying  these  indispensible  requisites 
into  effect.  You  believe  if  can  be  done,  by  kind  and 
gentle  treatment,  by  a  suavity  and  sweetness  of  man- 


64 

tier,  by  a  forgiving  temper  toward  them,  that  will  not 
punish  for  slight  faults ;  bj  maintaining  a  daily  and 
constant  intercourse  with  them,  and  by  advice,  remon- 
strance, and  information,  to  improve  them,  both  in 
morals  and  religion.  And  yet  they  are  to  be  profitably 
employed,  so  as  "  to  enable  every  person  individually, 
to  obtain  considerable  more,  than  is  necessary  for  his 
own  support." 

Now,  in  my  humble  opinion,  allowing  these  men  to 
be  as  open  to  conviction,  and  as  willing  to  be  advised, 
informed,  and  improved,  as  you  seem  to  think  they 
would  be,  it  would  still  be  impossible  to  effect  both  ob- 
jects in  view  ;  namely,  profitable  employment  and  re- 
formation. While  your  Directors  are  holding  inter- 
course with  them,  advising,  remonstrating,  and  inform- 
ing them,  the  work  would  be  interfered  with,  and  the 
labour  must  cease  in  part,  if  not  altogether,  and  of 
course  be  void  of  profit.  But  the  lenient  treatment  you 
propose  will  never  effect  the  object  you  have  in  view, 
except  upon  those  whose  moral  sense  is  not  entirely 
obliterated  by  a  repetition  of  crime,  and  upon  them,  se- 
clusion from  the  contaminating  influence  of  the  old  of- 
fenders, and  the  ordinary  discipline  of  the  prison,  with 
the  advice  of  the  Chaplain,  will  be  sufficiently  effectual 
to  prevent  a  repetition  of  crime. 

It  is  absolutely  necessary,  that  every  criminal  should 
know  to  a  certainty,  that  if  he  breaks  the  rules  of  the 
prison,  he  will  be  punished ;  and  knowing  this,  the 
rules  are  rarely  broken,  or  if  broken,  never  repeated. 

You  have  referred  me  to  your  tract  on  penal  juris- 
prudence, for  your  ideas  of  punishments  ;  where  you 
say,  "  whatever  punishments  are  necessary  to  accom- 
plish these  purposes,  must,  under  due  precautions,  and 
by  proper  authority  be  inflicted,  however  severe  and 
painful  they  may  be." 


65 

What  are  the  kind  of  punishments  you  would  pro- 
pose however,  does  not  appear  ;  but,  I  am  to  presume, 
as  jou  are  so  decidedly  opposed  to  whipping  of  every 
kind,  even  the  small  stroke  of  the  Keeper's  rattan,  that 
you  would  resort  to  a  diet  of  bread  and  water,  or  some 
similar  expedient.  Solitary  confinement  you  consider 
entirely  too  cruel,  and  "  galling  chains,"  you  very 
properly  view  with  abhorrence. 

From  what  part  of  our  report,  or  of  any  thing  I  have 
said  on  the  subject  of  the  penitentiary  system,  you  take 
the  liberty  of  drawing  your  conclusions,  that  what  we 
have  recommended,  "returns  again  precisely  to  the 
same  idea  of  criminal  jurisprudence  as  existed  before 
the  penitentiary  system  took  place,"  I  am  unable  to 
imagine.  That  this  is  not  the  effect  of  what  we  have 
recommended,  I  think  I  may  say  with  the  utmost  confi- 
dence, for  I  have  never  despaired  of  the  system,  under 
an  enlightened  and  wise  administration  of  it ;  and  my 
only  fear  has  been,  that  the  enthusiasm  of  theorists, 
and  those  who  have  only  studied  the  world  of  mankind 
in  their  closets,  might  so  far  prevail,  as  to  perfect  their 
object,  and  have  their  schemes  of  conversion  and  refor- 
mation, again  put  on  trial ;  and  after  a  total  failure  of  all 
they  had  promised  or  expected,  induce  the  public  to 
abandon  the  whole  penitentiary  system  as  inefficient 
and  visionary,  and  thus  entail  upon  posterity,  the  odious 
and  cruel  code  of  sanguinary  punishments. 

But,  although  the  truth  is  undeniable,  as  I  think  I 
have  conclusively  shown,  that  the  reformation  of  the 
hardened  offender,  however  desirable  it  may  be,  is  but 
a  forlorn  hope ;  we  by  no  means  despair  of  youth  and 
inexperience,  and  of  those  who  are  new  in  crime. 

You  are  no  doubt  in  possession  of  the  fact,  that  a 
House  of  Refuge,  for  the  reformation  of  juvenile  delin- 
quents of  both  sexeS;,  has  for  some  time  past  been  es- 

9 


G6 

tablished  iii  the  city  of  New-York.    Here,  sir,  your 
system  is  almost  literally  in  operation.     Agreeably  to  the 
charter  of  the  society,  thej  are  authorized  to  receive  all 
minors  committed  by  the  magistrates  for  vagrancy  or  pet- 
ty offences ;  and  also,  all  minors  convicted  by  the  courts 
for  larceny,  that  may  be  sentenced  to  that  establishment. 
The  children  thus  received  are  to  continue  in  the  house 
until  they  are  of  legal  age,  or  until  the  managers  shall 
believe  their  evil  propensities  are  so  far  corrected  as  to 
admit  of  their  being  bound  out  to  service,  or  to  some  useful 
branch  of  business.     While  in  the  house,  they  are  em- 
ployed at  such  mechanical  branches  as  the  managers 
have  deemed  useful,  both  as  to  the  productiveness  of 
the  labour,  and  the  suitableness  of  the  calling.    A  school 
is  established  under  the  direction  of  a  competent  teacher, 
and  four  hours  of  each  day  devoted  to  that  object- 
There  is  a  regular  succession  of  clergymen,  who  deliver 
discourses  tvi^ice  on  each  Sabbath,  suitable  to  the  ca- 
pacities of  the  children,  and  one  evening  in  each  week, 
they  attend  religious  exercises,  for  exhortation,  prayer 
and  singing.      The  superintendent  of  the  establishment 
is  a  gentleman  eminently  calculated  for  the  station  he 
fills,  of  a  disposition  naturally  mild,  and  a  temper  well 
disciplined  ;    he  enforces  the  rules  of  the  house  with 
singular  affability,  and  at  the  same  time,  with  sufficient 
firmness  to  command  respect,  and  of  resolution  to  pun- 
ish disobedience. 

This  institution  has  thus  far  been  successful  in  re- 
claiming many  of  these  profligate  and  abandoned  chil- 
dren from  vice  and  criminality.  By  the  last  report  it 
appears,  that  28  boys  and  15  girls  had  been  indented  to 
service,  or  some  other  useful  calling ;  and  the  informa- 
tion received  from  those  to  whom  their  services  were 
due,  has,  pretty  generally,  been  approbatory  of  their 
character  and  conduct.     It  has  been  found  necessary^ 


m 

however,  as  a  last  resort,  in  a  number  of  instances,  to 
have  recourse  to  corporal  punishment ;  and  it  has  also 
been  found,  almost  impracticable,  to  subdue  the  evil 
jpropensities  of  most  of  those  vi^ho  had  arrived  at  the  age 
of  sixteen  years  and  upwards.  You  no  doubt  have  been 
furnished  with  the  reports  of  this  society,  and  it  is 
needless,  therefore,  that  I  should  be  more  particular. 

The  only  true  and  proper  means  for  lessening  criminal 
acts,  and  their  consequences,  is  the  extension  of  know- 
ledge, freely  and  liberally  to  the  rising  generation.  The 
necessity  of  this,  is  fast  gaining  ground  with  the  people  of 
this  city  and  State  ;  and  exertions  are  making  here,  by 
the  public  school  (formerly  the  free  school)  Society,  to  es- 
tablish school-houses  in  the  most  remote  parts  of  the  city, 
so  that  there  shall  not  be  a  single  child  deprived  of  the 
convenient  means  of  gaining  a  common  school  education. 
The  society  has  now  nine  schools  in  full  and  successful 
operation,  and  they  are  preparing  for  the  erection  of  one 
more,  at  least,  during  the  present  season ;  and  when- 
ever this  common  school  system  shall  become  general 
throughout  the  United  States,  and  the  children  of  the 
poor,  the  profligate,  and  the  careless,  shall  be  educated, 
we  may  hope  there  will  be  a  diminution  of  criminal 
acts,  although  we  cannot  anticipate  an  entire  cessation 
of  offences. 

1  have  extended  my  remarks  beyond  what  I  had  in- 
tended, and  I  will  therefore  conclude  by  observing, 
that  I  hope  I  have  been  enabled  to  make  it  appear,  that 
your  remarks  on  the  report  of  the  Commissioners  was 
uncalled  for ;  in  many  cases  inapplicable  ;  and  that, 
the  charges  you  have  preferred  against  them,  are  un- 
founded. That  my  answers  to  your  remarks  (particu- 
larly such  of  them  as  you  have  selected,  and  quoted  in 
your  late  work,  for  animadversion,)  are  correct  in  fact, 
notwithstanding  your  attempt  to  invalidate  them.  That 


68 

the  subject  of  solitary  confinement,  which  occupies 
such  a  large  space  in  your  "  brief  statement,"  had  no- 
thing to  do  with  the  matter  in  hand  between  us,  as  I 
neither  advocated  or  approved  the  measure  by  any  thing 
contained  in  my  reply  to  your  remarks.  That  the 
strong  ground  you  have  taken  on  the  subject  of  the 
early  operations  of  the  penitentiary  system,  is  not  so 
perfectly  tenable  as  you  assert  it  to  be  ;  as,  from  the 
facts  I  have  stated,  some  reasonable  doubt  on  the  sub- 
ject may  be  entertained.  That  the  positive  assertion 
you  have  ventured  upon,  that  the  whole  of  the  evils 
that  have  attended  the  penitentiary  sjstem,  was  occa- 
sioned by  the  tvant  of  room^  and  not  to  your  scheme  of 
forbearance,  sympathy,  and  kind  attention  to  the  con- 
victs, or  I  he  inefficient  management  of  the  institutions, 
is,  to  say  the  least  of  it,  not  fully  proven,  as  will  ap- 
pear by  the  facts  I  have  quoted,  together  with  the  opin- 
ions given  on  the  subject,  by  some  of  the  first  charac- 
ters of  our  country.  Finally,  that  the  system  you  have 
recommended,  if  put  in  practice  here,  would  inevitably 
tend  to  the  destruction  of  the  whole  fabric  ;  whicli,  al- 
though reared  by  the  labour  of  the  best  of  men,  has 
nevertheless  proved  imperfect  in  its  operations,  and  re- 
quired time  and  experience  to  test  its  validity.  That 
test  has  now  been  given  ;  the  former  practice  exploded, 
and  the  institutions  of  this  State,  are  fast  advancing  to 
perfection  under  the  improved  system,  both  in  the  con- 
struction, and  the  government  of  our  prisons,  from 
which  we  anticipate  the  happiest  results,  both  to  the 
present  and  succeeding  generations. 


S.  A. 


Citij  of  New-York,  May  \2th,  1827. 


69 

P.  S.  After  the  foregoing  observations  were  in  type, 
a  friend  handed  me  the  "  National  Gazette,"  a  Phila- 
delphia newspaper,  containing  a  letter  from  Robert 
Vaux,  Esq.  addressed  to  Mr.  Roscoe.  The  object  of 
this  letter  is,  mainly,  to  vindicate  the  plan  of  labour  and 
solitude,  proposed  to  be  pursued  in  the  new  prison  at 
Philadelphia ;  and  to  show  that  the  charge  brought 
against  this  plan,  by  Mr.  Roscoe,  (in  his  pamphlet  ad- 
dressed to  me,)  "'  as  most  inhuman  and  unnatural,"  is 
unfounded.  Mr.  Vaux,  however,  instead  of  confining 
his  remarks  to  the  support  of  his  favourite  plan,  has 
thought  proper  to  step  aside  from  his  subject,  for  the 
purpose  of  "  admitting  to  the  utmost  extent,"  Mr. 
Roscoe's  attack  on  the  discipline  of  the  Auburn  prison  ; 
or,  in  Mr.  Vaux's  own  words,  '^  that  the  severity  used 
to  maintain  the  discipline  of  the  penitentiary  at  Auburn, 
in  the  state  of  New-York,  is  utterly  unjustifiable,  and 
will  fail  to  yield  any  but  the  most  pernicious  results." 
This,  I  have  no  hesitation  in  saying,  is  entirely  unfound- 
ed ;  and  in  support  of  this  assertion,  1  may  with  con- 
fidence refer  to  every  gentleman  of  intelligence  and 
observation  who  has  visited  that  prison,  and  has  taken 
an  unprejudiced  view  of  the  discipline  pursued  there ; 
among  whom  I  take  the  liberty  of  mentioning  the  re- 
spectable secretary  of  the  prison  discipline  society  at 
Boston  ;  the  reverend  gentleman  who  now  officiates  as 
resident  Chaplain  of  the  institution,  and  who  being  em- 
ployed by  that  society,  was  bound  to  expose  all  such 
flagrant  abuses  as  those  stated  by  Mr.  Vaux,  had  they 
an  existence ;  and  to  my  colleagues  in  commission, 
appointed  by  the  Legislature  for  the  sole  object  of 
reporting  whatever  might,  on  examination,  appear  im- 
proper in  the  conduct  of  those  who  have  managed  the 
concerns  of  the  institution.  And  as  to  the  ^^  pernicious 
TP.sidts^''  predicted  by  Mr.  Vaux,  I  beg  the  permission 


to 

to  refer  him  to  the  last  report  from  the  inspectors,  an 
abstract  of  which  will  be  found  in  the  appendix,  and 
then,  if  he  can,  show  similar  effects  from  the  prisons  in 
his  state,  either  under  the  old  or  new  system.  It  is  by 
the  effects  of  a  system,  that  its  utility  is  to  be  tested ; 
and  until  Mr.  Vaux  and  Mr.  Roscoe,  can  produce  proof, 
such  as  has  been  furnished  by  the  agent  of  the  Auburn 
prison,  of  the  beneficial  results  of  their  systems,  they 
ought  to  cease  from  the  promulgation  of  their  theoret- 
ical views ;  and  also,  from  their  general  condemnation 
of  others,  whose  objects  and  motives  are  as  just  and 
pure  as  theirs  are. 

The  ample  testimony  alluded  to,  however,  appears 
to  have  but  little  weight  with  these  gentlemen,  both  of 
whom,  have  unhesitatingly  preferred  charges  against 
the  discipline  at  Auburn,  "  as  an  arbitrary  policy,  and 
frightful  catalogue  of  abuses,"  and  that,  in  my  opinion, 
without  the  shadow  of  a  proof.  Mr.  Vaux,  it  is  true, 
refers  in  a  note,  to  the  report  of  the  commissioners  ap- 
pointed in  1 8^6,  as  evidence  of  cruel  treatment  to  the 
prisoners ;  but  he  has  not  condescended  to  quote  from 
that  report,  nor  has  he  referred  us  to  any  particular 
page,  or  fact,  contained  in  that  document,  to  which  we 
may  turn  for  the  required  proof  of  his  assertion. 

The  examination  made  by  these  Commissioners  was, 
perhaps,  the  most  full  and  extensive  of  any  similar  one 
on  record.  They  spent  several  weeks  in  its  performance ; 
took  the  testimony  of  more  than  eighty  witnesses,  all 
given  under  the  solemn  sanctions  of  an  oath,  and  ex- 
tended their  inquiry  several  years  back,  and  until  the 
complainants  had  exhausted  every  shadow  of  proof, 
bearing  upon  the  transactions  of  the  prison,  or  unguarded 
expressions  of  its  officers,  when  out  of  it.  The  result 
of  which  was,  that  in  a  period  of  something  more 
than  FIVE  years,  during  which  time  the  prison  has  been 


71 

under  the  management  of  three  different  persons,  as 
principal  keepers ;  there  were  twenty-seven  cases  of 
corporal  punishment ;  thirteen  of  which,  from  the 
ample  testimony  produced,  the  Commissioners  declare 
to  be  perfectly  justifiable,  and  fourteen  cases,  they  con- 
sider as  abusive,  in  a  legal  point  of  view. 

The  average  number  of  convicts  in  the  Auburn  pri- 
son may  be  stated  at  about  400.     These  men  are  ad- 
mitted, even  by  Mr.  Vaux,  to  have  "  become  hardened 
by  a  career  of  vice,''  and  that  "  all  experience  proves, 
how  difficult  it  is  to  make  any  impression  whatever 
upon  the  feelings  of  the  benighted  and  unhappy  sub- 
jects of  criminal   punishment."     Now,  with  such  a 
community  as  this,  is  it  not  more  to  be  wondered  at, 
that  the  cases  of  punishment  were  not  more  numerous 
than  they  were,  rather  than  that  there  should  be  less  ? 
The  abusive  cases  mentioned   by  the  Commissioners, 
are  neither  justified  by  them,  or  by  the  principal  keeper 
of  the  prison  ;  and  in  several  instances,  it  appears,  the 
perpetrators  of  them  were  discharged  from  the  station  they 
held.     Corporcii  punisnuient  ought  only  to  be  inflicted  as 
a  last  resort,  and  for  flagrant  abuses ;  and  in  these  cases 
we  aver,  that  it  is  more  humane,  and  better  calculated 
to  answer  the  ends  of  justice  in  a  prison,  than  the  means 
resorted  to  in  the  Philadelphia  penitentiary.     iVlr.  Vaux 
tells  us,  that  in  that  prison,  *'  many  individuals  have, 
for  acts  of  violence  committed  in  the  prison,  been  con-- 
fined  in  the  cells  for  six,  nine,  and  twelve  months  in 
succession ;  generally  in  irons,  and  always  on  a  low 
diet.'''*    Will  any  reasonable  man  be  led  to  believe,  that 
this  punishment  of  twelve  months  confinement,  in  chains, 
and  upon  a  diet  of  bread  and  water,  with  all  its  ema- 
ciating tendencies  of  wasting  the  bodily  strength  of  the 
subject,  and  fixing  on  him,  as  in  some  cases  it  has,  in- 
curable disease,  has  the  preference,  on  the  score  of  fan- 


7'i 

inanity,  to  a  wholesome  and  immediate  chastisement  'i 
It  is  scarcely  credible.  There  are  other  considerations, 
opposed  to  this  immurement  of  the  conrict,  worthy  of 
note.  While  he  is  thus  confined,  the  time  is  totally 
lost,  not  only  to  the  public,  but  to  himself ;  for  one  of 
the  objects  of  the  system  is,  that  the  man  shall  be  taught 
some  useful  employment,  by  v^hich  he  may  gain  an 
honest  living  when  discharged  ;  and  how  is  he  to  gain 
this,  if  for  every  breach  of  order,  he  is  shut  up  in  close 
confinement  ?  It  has  been  observed  also,  where  this 
system  of  close  confinement  on  bread  and  water  has 
been  tried,  that  a  mere  habit  of  indolence,  has  induced 
convicts  to  commit  offences  for  the  purpose  of  having 
some  idle  days  in  the  cells,  and  when  weary  of  the 
spare  diet  and  solitary  confinement,  that  they  have  pro- 
fessed repentance  and  sorrow,  in  order  to  their  being 
released. 

It  is  my  sincere  belief,  that  there  is  no  prison  in  the 
United  States,  where  corporal  punishment  is  resorted 
to  for  enforcing  discipline,  that  inflicts  less  of  it  than  at 
the  prison  at  Auburn.  This  is  not  susceptible  of  proof, 
from  any  documents  in  my  possession,  and  must  there- 
fore pass  for  what  it  is  worth.  But  I  draw  the  conclu- 
sion, from  observing  the  natural  consequence  of  a  system 
of  kindness  and  forbearance  upon  the  generality  of 
convicts,  that  it  is  destructive  of  all  order  and  good  gov- 
ernment ;  which  has  been  undeniably  shown  by  the 
report  of  the  Commissioners  of  1826.  They  inform  us, 
that  during  the  agency  of  Mr.  Goodell,  at  the  Auburn 
prison,  the  system  he  pursued,  was  professedly  a  depart- 
ure from  the  strict  discipline  enforced  before  his  time, 
and  that  it  was  one  of  moderation  and  forbearance. — 
Under  this  system  of  kindness  and  good  feeling,  which 
lasted  only  nine  months,  there  were  twenty-one  cases  of 
corporal  punishment,  and  six  different  convicts  made 


73 

murderous  attacks  upon  the  keepers ;  and  of  the  four- 
teen cases  of  abusive  punishment,  twelve  of  them  were 
in  his  time.  That,  during  something  more  than  four 
years  under  the  agency  of  his  predecessor,  there  were 
only  six  cases  of  corporal  punishment,  and  but  two  of 
them  were  abusive.  There  was,  during  this  whole 
period,  but  one  attack  by  a  prisoner  upon  his  Keepers. 
This,  it  appears  to  me,  speaks  volumes  in  favour  of  a 
strict  and  energetic  discipline.  I  will  add  no  more, 
but  respectfully  advise  Mr.  Vaux,  before  he  writes  any 
more  against  the  Auburn  prison  and  its  discipline,  to 
go  and  see  for  himself,  and  if  he  does  not  return  home, 
with  different  views  and  opinions,  than  what  he  now 
possesses,  I  shall  feel  much  disappointed  at  the  result. 

.  S.  A.  ■ 
New-York,  May  \m,  IS27, 


Tfote  to  page  16.  One  of  the  cases  referred  to,  was  tbat  of  Hiram  Maxwell, 
(page  15  of  Examination.)  This  man  was  in  prison  (\frhen  I  examined  him)  for 
the  third  time.  His  sentence  was  three  years  and  one  day  in  solitude,  and  he 
had  then  served  seventeen  months  of  the  term-  He  appeared  very  penitent-, 
and  declared  he  was  a  reformed  man,  and  had  fully  repented  of  his  ecil  deeds.  It 
since  appears,  that  he  served  out  his  term,  and  immediately  on  his  discharge, 
commenced  his  career  by  theft.  On  his  way  from  Auburn  to  Albany,  he  stole 
sufficient  to  furnish  himself  with  a  new  suit  of  clothes.  He  then  look  passage 
in  one  of  the  steam-boats  for  this  city,  and  on  the  arrival  of  the  boat,  he  went 
off  with  the  trunk  of  one  of  the  passengers,  and  had  the  adroitness  to  prevent 
detection.  He  was  susjiected.  however,  and  known  to  our  police  officers, 
who  ferretted  him  out,  but  failed  in  discovering  the  stolen  property.  On  his 
trial,  he  plead  not  guilty,  and  the  evidence  not  appearing  sufficient  to  convict 
him,  he  was  discharged  on  condition  of  leaving  the  state.  On  the  day  of  his 
discharge,  he  took  a  horse  and  gig  from  one  of  the  livery  stables,  placed  the 
stolen  trunk  in  it,  and  drove  off  Being  pursued,  he  left  the  gig  ana  horse  on 
the  way,  and  by  another  conveyance  went  to  Rockaway,  on  Long-Island. 
Here  he  was  recognized,  and  information  given  to  the  police  of  his  location ; 
upon  which,  officers  were  despatched  to  apprehend  him,  and  he  was  again  put 
on  his  l;ia'  The  stolen  trunk  was  found  in  his  possession,  and  he  we$  con" 
victed  and  again  sentenced  to  the  stat<  prison, 

10 


74 


Thid  is  only  one  of  the  cases,  and  more  than  thirty  might  be  cited,  shewing 
the  uselessness,  to  say  the  least  of  it,  of  solitary  confinement,  as  a  means  of 
reforming  old  and  hardened  offenders;  and  showing  also,  the  fallacy  of  pla> 
cing  anydependence  on  the  professions  of  reformation  and  repentance,  avowed 
by  these  men,  while  in  prison. 

A  very  recent  ease  occurred  at  the  Conrt  of  Sessions,  now  sitting  in  this 
city,  (May,  1827.)  William  H.  Tryon,  a  lad  of  about  21  years  of  age,  was 
convicted  of  larceny.     The  judge  observed,  after  his  conviction,  that  in  April, 

1820,  he  had  been  sentenced  to  the  penitentiary  of  this  city;   in  February, 

1821,  he  was  convicted  and  sentenced  to  the  state  prison;  in  April,  1824,  he 
was  again  sentenced  to  the  penitentiary;  in  1826,  he  was  for  the  third  time  sen* 
teuced  to  the  penitentiary ;  and  in  May,  1827,  he  will,  for  his  last  offence,  be 
again  sent  to  the  state  prison. 

As  the  cases  I  have  quoted  above,  as  well  as  those  quoted  on  a  previous  occa* 
sion,  are  all  confined  to  this  country,  I  beg  leave  to  make  an  extract  from  an 
English  paper,  called  the  Liverpool  Mercury,  in  proof  of  the  assertion,  that  but 
few  are  reformed  by  the  ordinary  discipline  of  a  prison.  The  editor  states, 
that  throughout  the  country  there  is  nothing  but  alnrm  on  account  of  the  rapid 
increase  of  crime.  That  the  Recorder  in  addressing  the  Grand  Jury  at  the 
Easter  Sessions,  observed:  That  he  regretted  to  find,  that  the  number  of  pri- 
soners to  be  tried  at  the  present  Sessions  was  unusually  large,  and  that  the 
worst  feature  in  the  calender  was,  that  upwards  of  seventy  of  the  prisoners 
were  considered  under  twenty  years  of  age.  He  stated,  that  his  doubts  re- 
specting the  benefits  which  ought  to  flow  from  prison  discipline,  agreeably  to 
the  views  of  those  who  had  laudably  devoted  so  much  attention  to  the  subject, 
were  grounded  upon  the  fact,  that  there  was  no  less  than  fifty-one.  former 
offenders  to  be  tried  at  the  present  Sessions,  many  of  whom  were  very  young, 
and  who  upon  the  close  of  their  imprisonment,  were  immediately  detected  in 
the  commission  of  fresh  offences. 

At  the  Salebury  Sessions,  it  was  stated,  that  the  number  of  commitments  in 
the  short  space  of  ten  weeks  and  a  few  days,  was  two  hundred  and  thirty-two. 
The  same  complaint  is  made  of  the  re-appearance  of  old  offenders,  who  are 
never  it  is  said,  fewer  than  one-fourfh  of  the  whole.  Comment  on  the  above 
i«  entirely  unnecessary. 


APPENDIX. 


Extracts  from  the  Annual  Report  of  the  In- 
spectors of  the  State  Prison  at  Auburn,  for 
the  year  1826. 

The  expences  of  the  Prison  during  the  year  ending  on  the  31st  of 
October,  1826,  amounted  to  ^30,736  05.  The  nett  earnings  of  the 
convicts  during  the  same  time,  including  the  sum  received  from  visit- 
ors, amounted  to  ^20,522  17,  which  left  a  balance  against  the  Pri- 
son, of  $10,213  88. 

There  were  received  during  the  last  year,  133  convicts ;  and  the 
number  of  those  who  were  discharged,  and  that  died,  during  the 
same  time,  was  132 ;  leaving  in  Prison,  427,  and  129  cells  unoccu- 
pied. 

The  Agent  has  taken  measures  to  obtain  information  of  discharged 
convicts ;  which  measures  have  been,  and  will  continue  to  be  pur- 
sued. Accounts  have  been  received  from  79,  and  their  names,  with 
an  abstract  of  the  information  relative  to  each,  is  hereunto  annexed. 
From  which  it  appears,  that  the  conduct  of  52  is  decidedly  good; 
that  8  have  been  somewhat  improved  by  imprisonment ;  that  the  be- 
haviour of  16  is  decidedly  bad,  and  that  three  are  not  sufficiently 
linown,  and  described,  to  form  an  opinion  of  them. 

The  Prison  Sunday  School  is  in  a  flourishing  state.  It  con- 
sists of  100  scholars,  with  a  competent  teacher  from  our  theological 
seminary,  to  each  class,  of  from  five  to  six  individuals,  under  the 
general  superintendance  of  the  resident  chaplain,  the  Rev.  Mr.  Cur-, 
tis :  and  all  under  the  constant  inspection  and  rigid  discipline  of  two 
vigilant  officers  of  the  Prison.  A  considerable  number  of  the  scho- 
lars are  learning  writing,  and  arithmetic.  In  this  department,  and 
in  all  other  respects,  the  unwearied  exertions,  and  the  able  and  faith- 
ful services  of  Mr.  Curtis,  greatly  aid  in  promoting  the  interests  of 
this  institution. 

From  the  circumstance,  that  until  the  last  fifteen  months,  there  has 
never  been  a  resident  chaplain  at  this  Prison,  it  may  not  be  amiss, 
barely  to  state  in  this  place,  that  Mr.  Curtis  came  here  in  the  capa- 
city of  a  missionary,  in  the  employ  of  the  Massachusetts  Prison  Pis- 


•76 

cipline  Society,  and  receives  his  compensation,  principally,  from  that 
Society.* 

The  heahh  of  the  convicts  is  remarkably  good.  There  is  not  a 
convict  sick,  except  from  some  chronic  affection.  By  a  reference  to 
the  Physician's  report,  it  will  be  found,  that  there  have  been  seven 
deaths  during  the  past  year.  The  average  number  in  the  Hospital 
during  the  year,  was  about  J?ye. 

— Qj®^— 

INFORMATION, 

Which  has  been  lately  obtained,  in  relation  to  the  con- 
duct and  character  of  convicts,  who  have  been  dis- 
charged by  pardon,  or  otherwise,  from  this  prison. 

Peter  JTomn^— Discharged  by  pardon,  April  15,  1826.  Since 
his  discharge,  has  lived  in  Auburn  village.  Works  at  shoe  making, 
the  trade  at  which  he  worked  in  prison — is  in  the  employ  of  the 
Messrs.  Pease,  contractors  for  the  shoe  shop  in  this  prison.  War- 
ring's  conduct,  since  discharged,  has  been  remarkably  good,  and  he 
enjoys  the  entire  confidence  of  his  employers. 

Ebenezer  Atwood — Convicted  of  breaking  jail  in  Monroe  county, 
September  21,  1824,  and  sentenced  for  3  years — discharged  by  par- 
don, August  l6, 1820.  Atwood  lives  in  Catlin,  Tioga  county.  A 
gentleman  from  that  county  says  he  is  well  acquainted  with  him,  and 
that  his  conduct  since  his  discharge  has  been  good.  A  letter  from 
the  post-master  at  Catlin,  fully  confirms  the  above. 

Huntingdon  Larrabee — Lives  in  Chenango  county.  A  gentle- 
man from  that  county  states,  that  he  is  well  acquainted  with  him, 
and  that  his  conduct  was  good  before  his  conviction,  and  has  been 
so  since  his  discharge. 


*  Tlie  I-nw  of  the  State  nllovvs  ^200  annually,  for  the  pay  of  an  officiating 
clergyman  nt  tlie  prison.  This  money  has  been  divided  anionic  three  clergy- 
men, having  cdngrcgations  in  the  village,  who  officiate,  alternately,  in  the 
chapel  on  Ihf!  Sahbiilh.  The  inslruction  thus  given,  was  no  doubt  salutary; 
but,  the  duties  these  gentlemen  owed  to  their  particular  congregation,  prevent- 
ed them  from  communicating  u  ilh  the  convicts  individually,  having  no  time 
to  spare  for  that  pniposc.  This  important  and  necessary  duty  however,  has 
been  performed  by  Mr.  Curtis,  since  his  residence  at  the  prison,  both  to  the 
flatisfaclion  of  the  officers  of  the  prison,  and  tbeevidentbenefit  of  the  convicts. 


77 

ArpJta  Parmele — Lives  in  Junius,  Seneca  county — by  trade  Z 
cooper.  A  respectable  gentleman,  well  acquainted  with  him,  states, 
that  his  conduct  is  good,  his  deportment  gentlemanly,  and  is  well 
esteemed.     Before  conviction,  unsteady,  and  conduct  bad. 

David  Loper — Lives  in  Junius,  Seneca  county — a  shoe  maker. — 
Before  conviction,  a  thieving  character.  Since  his  discharge,  con- 
duct good,  and  is  honest  and  industrious. 

Smith — Lives  in  Romulus.     A  gentleman  from  that  section 

of  country  states,  that  Smith  is  a  respectable  farmer,  conduct  uni- 
formly correct,  is  much  esteemed,  and  has  been  since  his  discharge, 
one  of  the  assessors  of  the  town  in  which  he  lives.  Before  convic- 
tion, was  a  dissipated  man.  Christian  name  not  recollected — and 
there  being  so  many  on  the  record  of  the  prison  by  the  name  of 
Smith,  that  his  crime  and  term  of  confinement,  and  whether  he  was 
pardoned  or  discharged  by  expiration  of  sentence,  cannot  be  stated. 

Justus  W.  Barns — Lives  in  Owasco — a  farmer.  Is  industrious, 
supports  his  family  well,  and  sustains  a  good  character. 

Edward  C.  Dowser — Lives  at  or  near  Geneseo,  Livingston  count}'. 
Is  industrious,  exemplary  in  his  conduct,  and  well  esteemed.  Con- 
duct before  conviction  not  particularly  known. 

William  Stewart — Lives  in  Cortland  county.  Was  formerly 
sheriff  of  the  county.  A  gentleman  well  acquainted  with  him,  says, 
that  since  his  discharge  from  prison,  he  has  been  steady,  industrious, 
and  conducted  well. 

Ezra  Watson — Post  master  at  Pompey,  Onondaga  county,  in  a 
letter  to  the  agent,  says,  "since  he  has  returned,  he  has  been  very 
steady  and  industrious,  temperate  and  correct ;  is  altogether  more  in- 
dustrious and  respectable  than  before  he  went  to  state  prison." 

Lynds  Rogers — Letter  from  the  post  master  in  Parma,  Genesee 
county,  speaking  of  Rogers,  says,  "  that  he  is  acquainted  with  said 
Rogers,  and  that  previously  to,  and  since  his  confinement,  he  had  the 
appearance  of  a  steady,  industrious  man." 

Elijah  Phelps — Same  letter  as  the  foregoing  states,  that  Phelps, 
previously  to  his  conviction  was  an  idle  profligate;  since  discharged, 
very  steady  and  industrious. 

William  M^Bride — An  Irishman.  Post  master  at  Lewiston,  in  a 
letter  to  the  agent  says  of  M'Bride,  "  his  case  is  not  a  fair  one,  as  he 


78 

is  an  old  •fiender,  and  has  been  in  prison  at  New- York.    His  char> 
acter  has  never  been  fair,  and  is  not  yet." 

Lemuel  Wood — Same  letter  as  the  foregoing  says,  "  Wood's  char- 
acter is  bad — did  not  know  him  before  he  was  imprisoned." 

Abraham  Peer — Letter  from  the  post  master  at  Pwry,  Genesee 
county,  says,  "  since  he  was  pardoned  in  1823,  Peer  has  been  in  my 
employ ;  the  last  two  years  in  a  custom  mill,  and  has  given  general 
satisfaction  to  customers  and  to  me,  as  to  uprightness  and  honesty, 
and  otherwise  sustains  a  fair  moral  character.  Peer  was  never  con> 
ftidered  a  very  vicious  character,  but  rather  rude,  and  unfortunately 
got  into  bad  company.  The  lesson  he  learned  at  Auburn,  no  doubt, 
has  proved  beneficial  to  his  morals. 

Joseph  Mason — Post  master  at  Preble,  in  a  letter  to  the  agent,  says 
of  Mason,  "  I  was  acquainted  with  him  before  he  was  convicted  for 
a  number  of  years.  He  was  a  dissipated  and  finally  a  notorious  cha- 
racter in  many  respects.  And  I  have  been  acquainted  with  him 
since  his  discharge.  His  conduct  has  been  regular  and  consistent. — 
He  has  become  temperate,  and  seems  to  despise  the  idea  of  taking 
the  name  of  God  in  vain." 

Jeremiah  Parker — A  letter  from  the  sheriff  at  Batavia,  speaking 
of  Parker,  says,  "  I  am  acquainted  with  Jeremiah  Parker,  who  has 
been  discharged  from  Auburn  prison.  I  knew  him  before  he 
went.  His  conduct,  habits  and  manners  were  bad.  He  neglected 
and  abused  his  family,  and  was  a  scourge  to  community.  Since  his 
return  here,  he  has  behaved  himself  like  a  man  and  a  Christian,  and 
seems  altogether  reformed  from  his  evil  propensities. 

Jeremiah  Stoddard  and  William  Mallory — Same  letter  as  the  fore- 
going says,  "  I  know  two  other  convicts — William  Mallory  and  Jer- 
emiah Stoddard,  who  have  been  discharged  from  state  prison  ;  yet 
so  unacquainted  with  their  habits  manners  and  customs,  as  not  to  be 
able  to  give  you  any  information  on  the  subject.  However,  as  they 
do  not  infringe  on  the  peace  of  the  people,  I  conclude  they  are  re- 
formed." Subsequent  information  in  relation  to  Stoddard,  has  been 
received,  and  it  is  stated  that  he  is  an  industrious  man,  and  sustains  a 
fair  character. 

John  Wesson — A  gentleman,  lately  a  keeper  at  the  new  prison  at 
Sing-Sing,  states,  that  among  some  convicts  who  had  lately  been 
brought  there  from  New-York,  he  discovered  John  Wesson,  having 
formerly  known  him  at  this  prison. 


79 

Gardner  Morey — Letter  from  the  post  master  at  Montezuma^ 
says,  "  Morey's  habits,  before  coHviction,  were  bad,  and  have  been 
bad  since  his  return." 

Amos  Brainard,  Jr. — Lives  in  Savannah,  Wayne  county.  Same 
letter  as  the  foregoing,  states  in  relation  to  Brainard,  "  how  his  habits 
were  previous  to  his  conviction,  I  know  not ;  but  since  I  have  been 
acquainted  with  him,  (though  partially)  I  have  seen  nothing  improper 
in  his  conduct." 

James  Parker — Post  Master  at  Cambridge,  Washington  county, 
writes  thus,  "  I  was  not  acquainted  with  Parker  before  his  convic- 
tion, and  can  only  say,  that  it  is  the  general  observation  of  his  old  ac- 
quaintance, that  he  is  a  much  better  man  since  than  before.  He  is 
now  a  hard  working,  industrious  man ;  is  temperate,  and  saves  his 
earnings." 

Alexander  Whitney  alias  Wheeler — Same  letter  as  the  foregoing, 
says,  "  Whitney,  before  he  went,  did  not  possess  a  fair  character ; 
was  a  drinking,  boisterous,  unprincipled  fellow.  He  is  now  as  much 
reformed  as  could  in  any  way  be  expected  from  so  bad  a  fellow  as 
he  was.  The  record  of  your  prison  will  show  that  he  was  excelled 
in  bad  conduct  by  few.  He  conducts  himself  much  better  since  par- 
donrd." 

Joseph  T.  Locke — Same  letter  as  the  foregoing,  says :  "  LockCj 
before  he  went,  was  a  fair  character,  generally  speaking.  He  re- 
turned to  this  place  after  his  pardon,  and  is  now  remarkably  indus» 
trious,  sober,  steady,  and,  I  believe,  honest.  He  hqs  the  good-will 
of  all  his  acquaintances,  and  is  undoubtedly  much  improved.  On 
the  whole,  there  is  a  vast  moral  improvement  apparent  in  the  con- 
duct of  these  three  men  since  they  went  to  Auburn. 

Daniel  Rowley  and  Salmon  Newcomb — Post  master  at  Le  Royj 
Genesee  county,  writes  thus  of  Rowley  and  Newcomb :  "I  am  ac- 
quainted with  them.  They  were  formerly  convicts  in  Auburn  state 
prison.  The  former  resides  in  this  town,  the  latter  in  Bergen,  in  this 
county.  I  am  unable  to  say  any  thing  of  their  conduct  or  character 
previous  to  their  conviction ;  but  since  they  have  been  discharged 
from  prison,  so  far  as  I  have  discovered,  their  conduct  has  been  ex- 
emplary.   They  are  industrious  and  orderly  citizens." 

Simeon  Benton — Post  master  at  Florence,  Oneida  county,  in  a  let- 
ter to  the  agent,  says :  "  I  am  well  acquainted  with  Simeon  Benton^ 
tvho  was  sentenced  to  Auburn  prison  for  six  years,  but  was  liberated 


80 

after  three  or  four  years'  service.  Said  Benton,  before  conviction, 
was  a  drinking,  gambling,  lazy  man ;  but  he  is  now  quite  reformed- 
very  industrious — providing  a  comfortable  support  for  his  family." 

Israel  Sammis — A  letter  from  the  post  master  at  Sackett's-H arbor, 
says  : — "  Israel  Sammis,  before  conviction,  was  intemperate,  profane, 
and  malignant.  Since  his  discharge,  I  have  not  been  so  particularly 
acquainted  with  him  ;  but  from  information  I  have  received,  he  has 
no  doubt,  materially  improved. 

Charles  Francis — Same  letter  as  the  foregoing,  states : — "Charles 
Francis,  convicted  of  an  assault  and  battery,  with  an  intent  to  kill  his 
wife,  was  extremely  intemperate,  (which  was  probably  the  cause  of 
the  offence  for  which  he  was  convicted,)  I  am  told  has  become  a  so- 
ber, discreet  man." 

Allen  Packard,  (registered  Roswell  Packard,)  Erastus  Root,  and 
David  Tyler — Same  letter  as  the  two  foregoing,  says  of  these  three 
cases  : — "  They  were  jointly  concerned  in  and  convicted  of  grand 
larceny — were  young  men,  the  sons  of  respectable  farmers  in  this 
town.  Root  was  teaching  school  when  arrested — but  all  were  more 
or  less  addicted  to  intoxication.  Since  their  discharge,  they  have  re- 
turned to  their  homes — are  very  industrious,  prudent,  temperate  and 
discreet,  and  from  present  appearances,  bid  fair  to  regain  the  confi« 
dence  of  the  community,  and  finally  to  become  good  citizens. 

Ephraim  B.  Denie — Same  letter,  speaking  of  Denie,  says :  "  Pre- 
viously to  his  /as«  conviction,  [was  in  this  prison  in  the  years  1817, 18, 
and  19,]  had  always  been  a  notorious  thief,  and  surpassed  all  others 
in  crime.  Since  his  discharge  in  August  last,  appears  very  penitent, 
meek  and  humble,  and  says  he  is  determined  to  do  better ;"  but  goes 
on  to  say,  that  in  so  marked  a  case  of  profligacy,  it  is  impossible  to 
say  what  will  be  the  result,  sufficient  time  not  having  yet  elapsed,  to 
form  any  thing  like  a  correct  judgment. 

John  Brower — Post  master  at  Caughnawaga  says  of  Brower:  "His 
deportment  since  his  discharge  has,  so  far  as  I  can  learn,  been  that 
of  a  penitent,  decent  man.     Before  conviction,  was  intemperate. 

Jeremiah  Brown — Is  now  in  the  Philadelphia  penitentiary  ;  was 
sentenced  to  this  prison  for  passing  counterfeit  mon»^y  in  Broome 
county,  June  26,  1821,  for  the  term  of  8  years.  Pardoned  23d  Sept. 
1823. 

George  O.  Buchanan — Letter  from  post  master  in  Fabius,  Onon- 
daga county,  says ; — "  I  am  acquainted  with  George  O.  Buchanan. 


81 

Previous  to  his  conviction,  he  was  intemperate  in  his  habits,  passidns 
and  conduct,  and  reputed  for  pilfering,  petty  thefts,  and  other  char- 
acteristics  of  dishonesty.  Since  his  pardon  and  discharge,  there  is  a 
manifest  reformation,  and  ha  frequently  speaks  of  the  wholesome  cor- 
rections of  the  prison  discipline." 

David  Hunter — Same  letter  as  the  foregoing,  speaking  of  Hunter^ 
says  : — "  He  was  a  man  of  industrious  habits  and  unsuspected  integ- 
rity, previous  to  the  offence  for  which  he  was  convicted.  Since  his 
discharge,  I  have  heard  no  different  account  from  his  neighbours  as 
to  bis  general  deportment,  and  have  observed  no  material  change 
myself,  except  that  he  is  more  retired,  and  seldom  seen  abroad. 

Charles  W.  Shaw — Letter  from  the  post  master  in  Russia,  Herki- 
mer county,  says : — Charles  W.  Shaw  was  discharged  from  state 
prison  about  a  year  ago.  He  has  resided  here  ever  since.  As  far 
as  I  know  any  thing  of  his  character  previous  to  the  act  which  sent 
him  to  prison,  it  was  good — very  goo^,  and  since  his  liberation,  it 
has  been  unexceptionable.     His  daily  habits  gain  him  friends." 

Daniel  D.  Briggs — Post  master  at  German  Flatts  writes  thus  con" 
cerning  Briggs  : — "  His  conduct  and  habits  before  he  went  to  prison 
were  extremely  bad  ;  intemperance  and  neglect  of  business  were,  the 
leading  traits.  His  family  were  in  a  suffering  condition  by  his  ne- 
glect. Since  his  discharge,  he  has  wholly  abstained  from  ardent  spir- 
its, and  is  very  industrious.  I  have  no  doubt  he  will  continue  so.  I 
think  his  character  and  habits  much  improved." 

Isaac  Perry,  Jr. — Letter  from  the  post  master  in  Hammond,  St. 
Lawrence  county,  speaking  of  Perry,  says  : — "  He  has,  since  dis- 
charged, bore  a  very  good  character  ;  is  industrious,  and  in  fact,  a 
v^ery  good  citizen.  I  was  but  little  acquainted  with  him  before  his 
conviction ;  but  his  character  since  will  bear  highly  recommending 
by  all  who  are  acquainted  with  him.  He  lives  in  the  town  of  Mor* 
ristown,  about  four  miles  from  this  office." 

Elijah  Sherman — Post  Master  at  Geddes,  Onondaga  county,  in  a 
letter  to  the  keeper,  observes : — "  I  know  of  no  person  discharged  from 
the  Auburn  prison,  except  Elijah  Sherman,  whose  character  has  been 
uniformly  notorious  from  a  boy.  He  is  now  in  jail  at  Onondaga,  on  a 
charge  for  horse  stealing,  unless  he  has  been  admitted  to  bail  within 
a  few  days."  N.  B.  No  such  person  as  Elijah  Sherman  appears  on 
the  register  of  this  prison.  He  may  have  been  here,  however,  ondev 
3  <3ifferent  name,  as  many  have  assumed  name?. 

11 


Mace  Lard— Fost  master  at  Riga  says  of  Lard — "  What  his  char* 
acter  was  previously  to  conviction,  I  do  not  know.  He  now  appears 
like  a  decent,  industrious  man,  except  he  occasionally  stimulates  too 
high." 

Nathan  Dean — Same  letter  as  the  foregoing,  says : — "  Dean  sus- 
tains a  better  character,  (by  information)  since  his  return.  He  is 
said  to  be  very  steady  and  industrious." 

Lettes  Jenne — Lives  in  Lyons,  county  of  Wayne.  Post  master 
at  Geneva  writes  thus : — "  With  him  ray  acquaintance  has  been 
slight,  both  before  and  since  conviction,  except  from  information 
from  others,  which  represents  him  to  be  somewhat  altered  for  the 
better.  I  do  not  think  he  was  ever  a  very  had  man,  nor  do  I  think 
he  is  now  a  very  good  one,  but  probably  much  better  than  he  was." 

Charles  Rockwell — Letter  from  post-master  at  Cincinnatus,  Cort- 
land county,  says  of  Rockwell — "  His  character,  before  conviction, 
was  that  of  an  industrious  apprentice  generally,  but  somewhat  ad- 
dicted to  falsehood  and  prevarication.  Since  he  has  been  discharged 
from  prison,  his  conduct,  character  and  habits,  have  been  marked  by 
as  good  deportment  as  before  conviction,  and  I  believe  it  is  thought 
rather  better." 

Willard  Law — Letter  from  post-master  at  Friendship,  Allegany 
county,  says — "  There  is  one  Mr.  Law,  who  has  recently  returned 
from  Auburn  prison,  who  is  a  candidate  for  that  place  again.  The 
above  candidate  has  resided  in  Cattaraugus  county  since  his  return 
from  Auburn,  but  passed  the  money  in  Allegany  county,  and  is  now 
lodged  in  said  county  jail." 

Smith  Y.  Swan — Post-master  at  Stephentown,  Renselear  county^ 
writes — "  I  find  only  one  convict,  which  is  Smith  Y.  Swan.  He  was 
formerly  rather  an  idler.  Some  fault  of  that  kind  was  heard  amongst 
his  neighbours.  Since  his  return,  he  has  taken  a  wife,  and  is  more 
industrious  ;  and  his  neighbours  inform  me  that  he  is  a  much  better 
person  in  society  than  he  was  before  he  was  imprisoned." 

James  D.  Scisco — Letter  from  post-master  at  Sardinia,  Niagara 
county,  says — "  Scisco  has  not  tarried  here  much  since  he  was  dis- 
charged ;  but  from  wliat  I  can  learn  of  his  conduct,  and  the  com- 
pany he  keeps,  J  conclude  that  he  has  not  reformed  much." 

Thomas  Humphry — Lctior  from  the  post-master  at  Tyrone,  Steu- 
b?n  county,  says — "  I  was  well  acquainted  with  Thomas  Humphry. 
He  was  a  very  lazy,  idle  man,  but  was  of  a  very  kind,  friendly  tem- 


83 

per,  and  sober ;  and  generally  reckoned  as  honesl  as  a  poor  mau 
could  well  be,  who  would  not  work  and  support  his  family.  Since 
his  discharge,  I  have  not  known  him  personally ;  but  I  am  informed 
that  he  has  become  a  very  industrious  man,  and  all  his  bad  habits 
entirely  cured.'* 

Reuben  Ford — Post-master  at  Salisbury,  Herkimer  county,  in  a 
letter  to  the  keeper,  says — "  previous  to  Ford's  imprisonment,  his 
conduct  was  a  great  trouble  to  society.  As  to  his  conduct  since,  it 
is  agreed  by  all  the  best  part  of  community,  that  had  he  the  same 
chance  to  do  mischief,  he  would  do  as  much  as  ever  he  did.  But  his 
character  is  so  much  more  known,  that  his  opportunity  is  small  to 
what  it  formerly  was." 

Dennison  York — Post-master  at  Gal  way,  says  of  York — '''previ- 
ous to  conviction,  York  (who  has  been  two  terms)  was  an  inconsider- 
ate, loose,  thievish  young  man,  profane  and  intemperate.  At  this 
time,  York  is,  by  many,  supposed  not  to  possess  a  sound  mind ;  is 
perfectly  harmless  and  inoffensive ;  considers  himself  spiritually  called 
to  preach,  and  consequently,  at  neighbourhood  meetings,  exhorts ;  is 
pretty  regular  in  his  habits." 

Jeremiah  G.  Ferguson — Same  letter  as  the  foregoing,  speaking  of 
Ferguson,  says — "  He  was  as  bad  a  man  as  the  county  could  pro- 
duce ;  addicted  to  every  vice  ;  particularly  noted  as  a  fighting  bully. 
To  give  him  his  true  character,  would  be  an  enumeration  of  all  the 
vices  man  is  a  slave  to.  Ferguson  is  now  a  very  peaceable  man  ; 
industrious,  but  is  partially  intemperate.  His  punishment  has  not 
made  him  a  good  man." 

Jacob  Shaw — Same  letter  says — "  Shaw  was,  by  the  public,  con- 
sidered a  good  citizen,  other  than  inconsiderate  and  irregular.  Pro- 
bably his  general  character  was  supported  from  his  being  of  a  good 
family.  By  those  best  acquainted  with  him,  he  was  supposed  to 
possess  a  propensity  to  stealing.  Shaw  is  not  known  to  have  been 
guilty  of  any  misdemeanor  since  his  return  ;  is  industrious  and  atten- 
tive to  business." 

Willard  Loomis — Post-master  at  Colosse,  Oswego  county,  says  of 
Loomis's  confinement  in  state  prison—"  I  think  it  has  had  the  effect 
to  make  him  a  little  more  guarded  in  his  conduct."  Post-master  at 
Union  Square,  says  of  Loomis,  "  that  he  was  a  bad  fellow  before 
conviction,  and  had  narrowly  escaped  state  prison  twice  before.  Is 
a  bad  fellow  now,  and  seems  to  care  very  little  what  he  does." 


84 

Jacob  Fart ington — Post-master  at  Milford,  Otsego  county,  says 
of  Farrington — "  he  was  considered  a  prudent  man  before  he  com- 
anitted  the  act  for  which  he  was  sent  to  prison,  and  I  believe  he  sus- 
tains the  same  character  now." 

Samuel  CocJcet — Same  letter  as  the  foregoing,  says  of  Cocket — 
*'  he  was  rather  rude  for  a  young  man ;  but  from  appearances,  he  is 
much  reformed." 

Harman  Cridemmse — Post-master  at  Pembroke,  Genesee  county, 
says  of  Cridenwise,  as  follows  : — "  as  to  his  previous  conduct,  I  never 
heard  any  thing  against  him,  except  the  crime  for  which  he  wast  sent. 
His  conduct  since,  is  regular  in  all  respects,  so  far  as  I  know." 

Benajah  Mallory — Sheriff  of  Ontario,  in  a  letter  to  the  keeper, 
says  of  Mallory — "  since  he  left  the  prison,  he  has  spent  some  part 
of  his  time  here,  [Canandaigua.]  His  conduct  is  bad  as  I  am  told ; 
he  is  now  in  jail  for  larceny,  report  says ;  I  have  not  seen  him  since 
confined." 

John  Ruhy,  David  Bartlett  and  Ell  Bartlett — Letter  from  Ches- 
ter, Warren  county,  says  of  the  foregoing  individuals — "  as  it  respects 
the  conduct  of  these  persons  since  their  release  from  prison,  it  has 
been  generally  good  ;  and  it  is  a  common  saying,  that  they  are  much 
improved  in  their  dealings  and  manners."  He  says  nothing  of  their 
conduct  before  conviction. 

Daniel  Stilts — Post-master  at  Virgil  says  of  Stiles — "  he  was  put 
in  prison  7  or  8  years  ago,  for  passing  counterfeit  money,  and  peti- 
tioned out  in  14  or  15  months.  His  conduct  and  character  have 
been  much  the  same  since  as  before ;  only,  since,  I  think  rather 
iiiore  suspicious.     He  is  a  man  considerably  given  to  drink." 

Henry  Preston — Post-master  at  Hamburgh,  says — "I  am  too  lit- 
tle acquainted  with  Preston  to  judge  from  any  thing  I  know  myself. 
His  neighbours  say  he  was  not  considered  a  very  bad  man." 

Samuel  Saunders — Same  letter  as  the  foregoing,  speaking  of  Saun- 
ders, says — "  before  conviction,  he  was  a  brawler,  wrangler,  and 
sower  of  sedition  among  neighbours.  His  reputation  for  truth 
and  veracify  wns  certainly  bad.  Since  his  return,  I  have  seen  less  of 
him  than  formerly  ;  tnoijgh,  however,  to  induce  me  to  believe  what 
I  frequently  hear  remarked  of  him,  viz :  that  he  is  Sam  Saunders 
yet!!!" 

Jotcph  Mather — Post  master  at  Pompey,  writes  thus  of  Mather — 
"  He  had  been  a  respectable  man,  a  fanner,  and  his  family  were  re- 


85 

^ctable.  He  had,  however,  got  embarrassed,  become  attached  to 
drink,  and  neglected  his  business,  when  he  committed  the  offence  for 
which  he  was  sent  to  state  prison.  His  conduct,  since  he  has  been 
pardoned,  has  been  very  correct,  so  far  as  I  have  learned.  He  is 
industrious— appears  to  be  moral,  temperate  and  steady .'' 

Oliver  Stebbins — Same  letter  as  the  foregoing,  says — "  Stebbins 
was  a  most  notorious  drunkard,  and  a  very  idle  fellow,  before  he 
went  to  state  prison.  I  do  not  know  so  much  about  him,  but  am  in> 
formed  that  he  is  rather  improved  since,  than  otherwise." 

Ichabod  Peavy — Post-master  at  Angelica,  Allegany  county,  says, 
"  Peavy,  who  lives  in  this  place,  is  worthless  and  dissipated.  I  did 
not  know  him  till  he  came  to  this  place."  Peavy,  while  confined  to 
the  prison  pretended  to  be  dumb  ;  and  during  his  whole  confinement, 
spoke  but  once,  and  then  in  a  fit  of  passion  at  his  keeper.  On  a 
trial  of  some  of  the  convicts  for  firing  the  prison,  Peavy,  by  writing, 
swore  that  he  would  not  speak.  It  was  subsequently  to  this,  that  he 
spoke  as  above. 

Hulbert  Rice — Post-master  at  Lebanon,  speaking  of  Rice,  says — 
*'  He  was  a  lad  about  19  years  of  age,  of  ordinary  abilities.  His  cha- 
racter was  not  of  the  fairest  standing  before  he  was  convicted  of  forg* 
kjg  an  order  of  ^7.  He  had  also  been  in  the  habit  of  pilfering  small 
articles.  Since  his  discharge,  I  believe  he  has  conducted  himself 
with  propriety  and  prudence,  and  attends  to  his  business  faithfully." 

John  Outhout — Same  letter  as  the  foregoing,  says — "  John  Out- 
hout  had,  previous  to  his  conviction,  sustained  a  tolerably  fair  cha- 
racter ;  was  a  captain  of  a  company  of  artillery,  but  some  noted  for 
small  sly  tricks.  Since  his  pardon,  he  has  returned  to  his  family, 
and  I  believe  he  is  industrious  in  his  business.  I  believe  his  habits 
are  pretty  good,  and  no  doubt  but  what  he  will  continue  to  maintain 
a  good  character." 

Nathaniel  Brown — Letter  from  post-master  at  Augusta,  Oneida 
county,  says — "  Nathaniel  Brown  was,  previous  to  his  confinement 
in  your  prison,  a  very  wild,  unsteady  young  man  ;  although  he  was 
not  considered  vicious.  Still,  home  had  but  few  attractions  for  him, 
notwithstanding  he  had  a  nice  little  wife  and  one  or  two  interesting 
children.  On  his  liberation  from  confinement,  he  returned  immedi- 
ately to  his  family,  who  received  him  as  a  husband  and  a  father,  and 
he  has  continued  to  live  with  them  and  provide  for  them  ever  since 
in  a  praise-worthy  manner.  He  is  very  industrious  and  prudent,  and 
were  it  not  for  the  stigma  which  is  naturally  attached  to  those  who 


86 

have  been  convicted  and  punished  for  the  commission  of  crimes,  he 
would  be  termed  reputable." 

Thomas  Spafford — Same  letter  as  the  foregoing,  says  of  Spafford, 
"  He  was,  previously  to  his  confinement  in  your  prison,  frequently  de- 
tected in  the  commission  of  small  larcenies.  Since  his  liberation,  I 
have  not  heard  of  his  being  detected  in  any  crimes ;  but  still,  his 
habits  are  not  such  as  to  justify  me  in  saying  any  thing  more  in  his  fa- 
vour." N.  B.  No  such  name  as  the  above  appears  to  be  entered  on 
the  prison  register. 

Roswell  Packard — Post-master  at  French  Creek,  in  a  letter  to  the 
keeper,  says — "  I  was  acquainted  with  Packard  about  three  years 
before  he  was  sentenced,  during  which  time  his  conduct  and  habits 
were  known  to  be  of  the  worst  kind,  and  his  character  in  every  re- 
spect was  very  bad.  Since  his  discharge  he  has  been  very  industri- 
ous, generally  steady,  and  has  borne  a  very  good  character.  It  is 
the  general  repute  that  his  morals  were  very  much  improved  while 
confined  in  the  prison." 

Pardon  Smith — Same  letter  says  of  Smith — "  His  habits,  before 
conviction,  were  considered  bad,  his  character  exceptionable.  Since 
his  discharge,  his  habits  are  uniformly  good,  and  he  bears  a  good 
character." 

John  C  Pride,  Jr. — Post-master  at  Union  Square,  in  a  letter  to 
the  keeper,  says  of  Pride — "  Before  the  crime  for  which  he  was  con- 
victed, he  sustained  a  very  fair  character ;  was  of  sober  and  indus- 
trious habits,  and  a  church  member.  Since  his  discharge,  his  con- 
duct and  character  have  been  unimpeachable.  He  appears  to  be 
truly  penitent,  and  declared  to  me  on  his  return  home,  that  it  had 
been  a  good  school  to  him,  though  a  very  dear  one." 

Elijah  Brooits— Post-master  at  Stockton,  writes  thus — "  About 
the  15th  of  September  last,  I  was  called  to  administer  surgical  aid  to 
a  man  by  the  name  of  Elijah  Brooks,  who  had  cut  his  throat  on  being 
arrcst»"(l  for  theft.  He  had  resided  where  he  then  was,  for  several 
n)onths,  anH  laboured  on  a  farm,  and  was  thought  a  steady  man.  He 
has,  however,  lived  in  another  part  of  this  county,  where  his  habits 
Iiad  not  been  good.  He  was  tried  by  a  court  of  special  sessions, 
convicted,  imprisoned  and  fined.  He  was  about  to  be  married  when 
arrested  ;  appears  like  a  decent  man,  and  is  said  to  have  been  in 
state  prison  twice." 


87 

Phih  Bristol — Lives  in  Aurelius,  two  or  three  miles  from  the  pri- 
son, and  is  spoken  of  by  those  who  are  acquainted  with  him,  as  a  so- 
ber, industrious,  and  steady  man,  and  well  esteemed. 

Asa  Grow — A  gentleman  who  lives  in  Victor,  Ontario  county, 
states  that  Grow  lives  near  him,  and  that  he  is  well  acquainted  with 
him.  Says  that  he  is  steady  and  industrious,  strictly  moral  and  ex- 
emplary in  his  conduct,  and  very  punctual  in  his  attendance  upon 
religious  worship  on  the  sabbath,  and  conducts  like  an  honest  man 
and  a  Christian. 

Samuel  WConnell — Post-master  at  Ellington,  N.  Y.  in  a  letter  to 
the  keeper,  says — "  I  am  acquainted  with  Samuel  M'Connell,  a  near 
neighbour,  who  was  discharged  from  state  prison ;  and  am  sorry  to 
inform  you  that  he  is  a  poor  dissipated  man,  but  have  been  informed 
that  formerly  he  was  a  man  of  respectability,  but  immediately  before 
conviction,  had  the  same  character  which  he  now  has." 


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\^^ 


^,     NOV  25  1970 

"''   iov  1 1  la 


APR  1  0  iy73 


FECD  LC-'JRf" 

UN  251979, 
JUN16  1Sf7f 

4111:  2  A  l^i 


oriii  L!)-S('ri(" 


HV 

9^71 
A^29o 


UC  SOUTH!  RN  R!  GIONAL  LIBRARY  f  AGILITY 


AA    000  910  171     8 


